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Defendant
A Imprisonment of five years, six years, five years, five years, and three years, respectively.
Reasons
Punishment of the crime
Defendants were employees of the “L store” in the Seoul Special Metropolitan City Gwangjin-gu.
On July 8, 2014, at the night on the day immediately preceding 08:00, the Defendants saw the victim M(n, 22 years of age), and the victim N(n, 19 years of age) as drinking time, and O in the vicinity. While drinking time games, the victims drink drinking while drinking alcohol, the victims were booming the victims to the " Qua" guest room located in the Gwangjin-gu Seoul Special Metropolitan City, Seoul. The Defendants dumped the "L" room with two other employees of the above "L" main points where they drink drinking together.
1. Defendant A and B, around 10:00 on July 8, 2014, had a joint criminal act committed by the Defendant A and B, to have sexual intercourse with the victim’s “R” in a state where the victims were unable to resist by drinking so that they would have been under the influence of alcohol and enter the guest room of the above “ Q”. Defendant B, who was exempted from the victim’s clothes, under the influence of alcohol, was sexual intercourse once, and Defendant A attempted to have sexual intercourse with Defendant B, who was under the influence of alcohol, did not have sexual intercourse with the victim’s clothes.
Accordingly, the Defendants jointly committed sexual intercourse by taking advantage of the victim’s state of impossibility to resist, and attempted sexual intercourse by taking advantage of victim’s N’s state of impossibility to resist.
2. Defendant C and D’s joint criminal conduct Defendants C and D committed the act as above, and they did not have sexual intercourse with the wind that they exceeded their clothes in order to have sexual intercourse with the victim M, and they did not have sexual intercourse with the victim, even though they did not go out, even though they did not have any sexual intercourse with the victim, after they committed the act as described above. The Defendants C and D did not have any sexual intercourse with the victim’s clothes in order to have sexual intercourse with the victim, under the influence of alcohol.
As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist.
Summary of Evidence
1. Defendants’ respective legal statements.