A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape)

B. Violation of the Act on the Control of Narcotics, Etc. (fence)

1.(a) A

2.(a) B

Han Jin-hee (Public Prosecution) and half-wheeled (Public trial)

Law Firm C, Attorney D (Defendant A)

Attorney E, F (for Defendant B)

June 9, 2017

Defendants shall be punished by imprisonment for three years.

However, for five years from the date this judgment became final and conclusive, the execution of each of the above punishments against the Defendants is suspended.

To order the Defendants to provide community service for 120 hours each time.

To order the Defendants to attend the sexual violence therapy for 80 hours each time.

Criminal History Office

1. Violation of the Narcotics Control Act;

On December 3, 2016, from around 06:35 to around 09:35 of the same day, the Defendants: (a) administered psychotropic drugs at 803 entertainment drinking house of “H” located in Gangnam-gu Seoul, Gangnam-gu, with the victim I (the victim, 20 years of age) and the game; and (b) conspired to rape the victim while drinking alcohol; and (c) conspired to commit rape by the victim during the game with the “strokem”, a psychotropic drug, which is a psychotropic drug held by the Defendant B in the game; and (d) stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

The Defendants forced the victim's resistance in such a manner as to let the victim lose the mind by administering the exemption from the number including "stroke/m" in the same manner as paragraph (1), at the same time and place as paragraph (1), and then Defendant A exceeded the victim's panty, and inserted the victim's sexual organ into the part of the victim's sound, and Defendant B continuously inserted his sexual organ into the part of the victim's sound.

Accordingly, the Defendants jointly raped the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I (including the J’s statement);

1. The K's statement;

1. A narcotics appraisal report, a legal chemical appraisal report, and a gene appraisal report;

1. A statement of the offender's place and the report of 112 case;

1. An internal photograph during arrest of H entertainment tavern 803, and a photograph of the victim's location as at the time of damage, and a photograph of the drug used by the suspect B;

1. Investigation report (three cases related to consultation with the coastwise center of the police hospital of the victim, and replys to the request for appraisal);

Application of Statutes

1. Article applicable to criminal facts;

Articles 61(1)5, 4(1)1, and 2(3)4 of the Narcotics Control Act; Article 30 of the Criminal Act; Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 297 of the Criminal Act (Special Rape; Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Provided, That the aggregate of long-term punishments for two crimes) of each Criminal Code

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Code (see, e.g., Articles 53 and 55(1)3 of the Criminal Code)

1. Suspension of execution;

Article 62(1) of each Criminal Code (The following grounds for sentencing has been repeatedly taken into account):

1. Social service order;

Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order to attend lectures;

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. In full view of the following facts: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which exempt the disclosure order and notification order; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants have no record of criminal punishment for sexual crimes; (c) the Defendants repent and reflects the mistakes; and (d) the Defendants’ age, occupation, family environment, social relationship, etc. recognized in the record can be seen as having the effect of preventing recidivism even by registering personal information of the Defendants and taking lectures for sexual assault treatment)

Registration of Personal Information

Where a conviction becomes final and conclusive for a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendants are subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and they are obligated to submit personal information to the competent agency pursuant to Article 43 of

Reasons for sentencing

1. Scope of punishment by law: Imprisonment for each of two years and six months; June 17 months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] General Criteria for the Prevention of Sexual Crimes in Type 2 (Rape/Special Rape, etc. in Connection with Relatives)

[Special Convicts] Penalties (Mitigations) and leaptables (Aggravations)

[Recommendation and Scope of Recommendations] Basic Field, 5 years of imprisonment, 8 years

(b) Concurrent crimes - Violation of the Act on the Control of Narcotics, etc.;

[Determination of Types] 2 Medications, simple possession, etc. (ma) for narcotics crimes.

【Special Convicted Person】

[Recommendation and Recommendation Scope] Basic Field, Imprisonment 8 months, - January 6

(c) Application of standards for handling multiple crimes: 5 years of imprisonment, respectively - 8 years and 9 months (referring to 1/2 of imprisonment with prison labor for 8 years which is the upper limit of the scope of punishment for basic crimes).

3. Determination of sentence: Five years of a stay of execution for each three years of imprisonment; and

[Unfavorable circumstances] The crime of this case is highly likely to be committed against the victim, who caused the defendant to be present while drinking alcohol at a entertainment establishment, by having the victim, who was involved in an entertainment business, be exempted from water containing the ingredients of psychotropic drugs, such as strokem, strokem, etc., so that the victim, who has lost his mind, was involved in an interview within the room and interview with him. Accordingly, the victim suffered a large mental shock and sexual humiliation.

[Modern circumstances] Defendants are divided into and contradictory to their mistakes. Defendant A did not have any history of criminal punishment, and Defendant B did not have any history of punishment for the same kind of crime or of severe punishment. The Defendants agreed with the victim, and the victim did not want the punishment of the Defendants.

In addition, comprehensively taking into account the defendants' age, character and conduct, environment, family relationship, motive and circumstances of the crime of this case, and various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the punishment shall be determined by exceeding the lower limit of the recommended range according to the sentencing guidelines set by the Sentencing Committee.

Judge of the presiding judge;

Judge Jin-hun

Judges Park Jong-chul

1) Some were corrected according to facts obtained through the examination of evidence without the amendment process, to the extent that it does not disadvantage the Defendants’ exercise of their defense rights.