A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, who had been in an internal relationship for about five months, stated to the purport that only the victim C (here, 47 years of age) demands the defendant's unreasonable sexual relation, use of violent language, her husband's liability to commit an offense, etc., he/she decided to rape by coercioning the victim's horses, without disregarding the victim's horses.

1. Around April 30, 2015, the Defendant: (a) around 15:00 on April 30, 2015, when the Defendant came to a “E” parking lot located in Osan-si, Osan-si; and (b) called “E” to the effect that “I am unable to do so as to make the Defendant’s horses,” and, (c) am to the effect that “I am unable to follow the Defendant’s horses, I saw the victim to have a escape, and led the victim, who would have a escape, to the mother room.”

The Defendant: (a) laid off the victim from his clothes on the bed; (b) imprisoned the victim’s body; (c) obstructed the victim’s resistance by taking the victim’s speech to the effect that the victim did not take the victim; and (d) led the victim to sexual intercourse once, even though the victim resisted the Defendant by hand.

2. From May 21, 2015, the Defendant, around 13:00 on May 21, 2015, sexual intercoursed the Defendant forced the said victim’s arms to enter the telecom with a view to getting sound and attempting to not enter the telecom.

Although the Defendant resisted that the victim did not want to do so, the Defendant exceeded his clothes by putting the victim in tightly, and sexual intercourse with the victim once in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each investigation report (including data appended respectively);

1. Application of the Act and subordinate statutes on CDs recording the content of suspect intimidation and CCTV video CDs;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. From among concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are more severe, concurrent crimes stipulated in the crime of rape as of May 21, 2015.