A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant did not have a personal-friendly relationship with the victim E (the family name, the female, the age of 28) that he/she became aware of as a customer employee.

On March 31, 2016, the Defendant: (a) while moving to the office after finishing a meeting with the business partner employees including the victim on March 31, 2016; and (b) on March 31, 2016, the Defendant would move to the toilet.

The victims of the defect were able to attract the victims to a rare place, to rape, and to leave the victims to the parking lot warehouse in Seongdong-gu Seoul Metropolitan Government.

Then, the Defendant laid the victim on the floor, laid off the victim from the victim's panty stick and clothes, and bucked the victim under the influence of alcohol, and had the victim engage in sexual intercourse once, and had the victim take the part of bucks with 10 cm fucks by using an influent material in the warehouse floor.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition, and suffered the victim's medical treatment for about seven days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. A copy of a certificate of injury diagnosis and medical record (the defendant and defense counsel asserts that the injury suffered by the victim is likely to occur in daily life or is ordinarily likely to occur in sexual intercourse in accordance with an agreement, and that it does not constitute injury to the crime of injury resulting from rape, since it is minor to the extent that natural healing is possible.

In the event that there is extremely minor injury resulting from rape and there is no need to treat the injury resulting from the act of rape and there is no hindrance to naturally healing and living a daily life, the crime of injury resulting from rape shall not be deemed to constitute the injury of the crime of injury resulting from rape. However, this is the same as the injury that may occur during a daily life even though there is no assault or intimidation that may suppress the victim’s resistance or that may normally occur in sexual intercourse by agreement.