A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

At around 00:40 on June 25, 2014, the Defendant: (a) was in the restaurant of “G” in the name of “A” operated by the victim E (V, 52 years of age, F) located in Heungnam-gun, Seoul, for the victim to have sexual intercourse with the victim by drinking alcohol together with the victim; (b) was humping the victim immediately following the victim; (c) was humping the victim’s chest with the victim; (d) the victim was humping the body of the victim, stating “Isk, dys,” and rejected the victim’s chest; (b) the victim was placed on the floor by force; (c) the victim was off the part of the victim’s bar and panty; and (d) the victim was off from the part of the victim, she was humping off, she did not have sexual intercourse with the victim; and (d) the victim was humping off the victim’s body by inserting the victim’s body in the victim’s manner.

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution (including the replacement part of the victim E);

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to a report on the occurrence of rape, a report on investigation (in the presence of and out of the scene), and a report on investigation (suspects and victims' telephone details);

1. Article 297 of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The summary of the assertion was not raped after the victim was unable to resist, but sexual intercourse with the victim under the agreement with the victim.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the victim’s developments and details of the instant crime, and the circumstances immediately after the instant crime.