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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 30, 2014, the Defendant, at a “D” restaurant located in Seo-gu, Seo-gu, Gwangju (hereinafter “instant restaurant”), had, under the influence of alcohol, sexual intercourse with the victim E (here, 19 years of age) who has been divingd in a sofa, thereby committing rape by taking advantage of the victim’s refusal to resist.
Summary of Evidence
Criminal facts in holding
1. Any statement made by the defendant in a part appropriate for such statement in this Act;
1. Any statement made by the witness E in compliance with this Act;
1. A statement of the opinion of doctor prepared by the F, which is relevant to the statement;
1. As a result, it is possible to recognize the video as a whole, etc. suitable for the C&C among the C&C sites (crime sites), there is such proof.
The defendant and defense counsel's assertion and the judgment of this court
1. The gist of the assertion was that the victim was aware of the Defendant, and did not have to resist by themselves, such as having been unable to resist, after having sexual intercourse, and that the victim was given implied consent, and that the victim was sexual intercourse with the victim.
2. Determination
A. According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.
(1) The victim received orders from customers from around November 201, 2013 to around the time of the instant crime at the instant restaurant operated by the Defendant, and served as food and alcoholic beverages, etc., and the Defendant, upon the completion of the victim’s working hours, took the victim’s house several times, but there was no interest in the nature of the victim or attempted to have a physical contact.
(2) On April 30, 2014, the victim found two 01:00-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu 03:01, and the victim's her native-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si
The victim was 03:18 to 18, and the victim was able to sit down down below the body, and the defendant was able to sit on the victim.