A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. The Defendant is a space between the victim C (n, 29 years of age) and the E-child protection facility located in P of P of race, and that he/she lives together with and became aware of.

On August 13, 2014, the Defendant, at around 23:20 on August 13, 2014, drinked with the victim in the restaurant located in Busan City F, with the victim, and served the victim on his own vehicle in order to rape the victim.

The Defendant, on a drinking occasion, took the victim’s face, bridge, etc. from several occasions, separated the distribution of cell phoness, separated the back seat, and made it considerably difficult to resist resistances. On the following day at around 01:28, the Defendant, at around 10:00 on the same day, had the victim go off from his clothes at the Hmomotoel 203 room located in Yongcheon-si G, Yongcheon-si, and had sexual intercourse with the victim once by getting the victim off his clothes at the same place.

As a result, the Defendant raped the victim two times, and thereby, caused the victim to suffer bodily injury such as sexual shock, which requires approximately three weeks of treatment.

2. On August 13, 2014, at around 19:00, the Defendant operated a passenger car in the Lice 200km without a driver’s license, from the front of J lent-do, the Defendant’s house located in G, Young-si, K, and C’s residence in Young-si, Young-si, and Gyeong-si F to the Defendant’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Photographss of the upper part of the body, telecom photograph, CCTV image photograph, and victim's photograph;

1. Recording records;

1. Application of Acts and subordinate statutes to the vehicle register and the driver's license register;

1. Relevant legal provisions concerning the facts of crime, Articles 301, 297 of the Criminal Act that choose the penalty, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. From among concurrent crimes, a concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act shall be more severe punishment than punishment provided for in the crime of rape and injury;