1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

1. On August 15, 2014, the Defendant, around the new wall on August 15, 2014, was carrying the victim C (at the age of 41) of an internal-related person on the top of the steering line for a car driving on the expressway in the direction of Daejeon. On the ground that the victim has a male, the Defendant was punished for a dispute, i.e., the victim’s face and arms on the ground that the victim has a different male, and was inflicted an injury, such as a multi-pactal test, etc. for two weeks of medical treatment.

2. Around 04:00 on August 15, 2014, the Defendant: (a) placed the said victim on a bed in a bed room; (b) forcedly forced the victim’s clothes from the bed; and (c) engaged in sexual intercourse once the victim’s clothes.

Accordingly, the defendant raped the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. A medical certificate;

4. Requests for appraisal; and

5. Application of each statute of photograph;

1. Article applicable to criminal facts;

(a) The point of injury: Article 257 (1) of the Criminal Act;

(b) The point of rape: Article 297 of the Criminal Act;

2. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes above the punishment heavier than the punishment of rape).

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

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

5. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;

6. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when the defendant puts the victim and the mother in an internal-related relationship, it appears that he/she had committed the rape of this case under the influence of drinking, the fact that he/she has no record of punishment for sexual crimes, that he/she has not yet reached an agreement with the victim, and that he/she has reached an agreement