Defendant

A Imprisonment with prison labor for five years and for four years, respectively.

Sexual assault for 40 hours against the Defendants.

Punishment of the crime

[criminal record] On August 25, 2017, Defendant A was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for larceny in this court, and the judgment became final and conclusive on September 2, 2017.

[2] On July 28, 2017, at around 01:00, the Defendants had sexual intercourse with the victim E (name, 20 years of age) and drinking in the D club located in Gwangju-gu, Gwangju-gu, with intent to have sexual intercourse with the victim who is under the influence of drinking while drinking together with the victim while moving to the H heading room of the G building located in the Defendant B located in Gwangju-gu, Gwangju-gu, and drinking together with the victim’s residence. Defendant A exceeded the victim’s panty and spanch, and inserted his sexual organ into the victim’s sexual flag into the victim’s sexual flag and the resistance. Defendant B had sexual intercourse with the victim’s sexual organ inserted into the victim’s sexual flag into the victim’s sexual flag and the resistance.

Accordingly, the Defendants, together, raped the victim by taking advantage of the victim’s resistance impossible condition under the influence of alcohol.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of E, I and J;

1. A statement prepared by K;

1. The screen, the contents of each CCTV-record, each conversation, the vehicle photograph, each photograph, each video CD, and a gene appraisal report by cutting down each CCTV on the spot;

1. Each investigation report;

1. The records of the judgment: Judgment on the defendants and defense counsel's arguments in replys to inquiries such as criminal history (A), previous convictions in the disposition, and (A).

1. The summary of the Defendants and the defense counsel’s assertion was not the victim at the time of the instant case, and the Defendants were only sexual intercourses under the agreement with the victim, and did not rape the victim by using the victim’s resistance impossible condition, and there was no fact that the victim inserted his sexual organ into the victim’s resistance.

2. Determination

A. According to the evidence duly admitted and examined by the court, the following facts are acknowledged.

1) On July 28, 2017, the victim J and D clubs around 01:30 on July 28, 2017 (hereinafter “instant clubs”).