Defendants shall be punished by imprisonment for three years.

However, as to the defendants for 4 years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

A and the victim C (the age of 37) are between around 20 years and 20 years, and the defendant B and the victim have become aware of the introduction of the defendant A before about one year.

On November 9, 2018, at around 01:00, the Defendants, at the alcohol house located in Jung-gu Seoul Metropolitan Government, drink and drink such as the victim, etc., and thereafter, at around 05:35 on the same day, were accommodated in a guest room located in the nearby OOMoel three stories, but the victim and the Defendant B were under the influence of alcohol.

Defendant

A reported the form of the victim under the influence of alcohol and began to be off the clothes of the victim to have sexual intercourse with the victim, and even though the victim refused to do so under the influence of alcohol, the victim forced the victim's clothes by using the fact that it is difficult for him to resist against the victim, and forced the victim's resistance on the body of the victim, and forced the victim's body to imprison the victim's resistance, and inserted the sexual organ into the part of the victim's sound. The defendant B saw the form of the victim's sexual intercourse with the victim by reporting the form of the victim's sexual intercourse between the defendant A and reporting the form of the victim's sexual intercourse with the victim's chest to the defendant A, prompt the victim's chest to have sexual intercourse with the victim's chest, and immediately after the victim's sexual intercourse with the victim's body, and inserted the victim's sexual organ into the part of the victim's sexual organ.

Accordingly, the Defendants jointly raped the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Reports on internal investigation and telephone communications for reference;

1. Details of conversation;

1. Application of investigation reports (in cases of suspects' genes of their genes and the results of their requests for appraisal) and attached statutes;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment therefor - Defendants: Article 4 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 297

1. Discretionary mitigation - Defendants: The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows.