A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The Defendant committed the following crimes while serving in the same workplace as the victim C (nive, 28 years of age) and serving in the same workplace.

1. On October 201, the Defendant, while driving a motor vehicle near the Dongdaemun-gu Seoul Metropolitan Government Gyeongpungpung Station, was trying to have a dispute with the victim on the ground of an influence with the victim while driving the motor vehicle into the D Hapan Station.

Although the Defendant demanded a stop by the victim from the vehicle in which he was faced, the Defendant continued to drive the vehicle at a speed of 20-30km and continued to drive the vehicle at a speed of 20-30km, and the Defendant detained the victim for about 30 minutes by locking the chief door of the vehicle and by putting the victim's body in hand so as to prevent the victim from getting out of the vehicle.

2. On March 30, 2012, the Defendant, who was raped, tried to be off the victim’s clothes and put the sexual organ several times in the victim’s negative part, even though the victim explicitly expressed his/her intent to refuse the sexual intercourse at the rear seat of the said vehicle parked in the parking lot for Yangcheon-gu Seoul, Yangcheon-gu Seoul.

The Defendant got off the victim's name while avoiding the victim's face part of the victim's face with the defect of the resistance and forced sexual intercourse, and attempted to forced sexual intercourse, but the victim had attempted to resist the victim's sound continuously and attempted to resist. In the process, the Defendant suffered from the damage of ice fice fice fice fice fice fice fice fices requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs and reference materials;

1. Relevant provisions of the Criminal Act and Articles 276 (1) (the point of confinement, the choice of imprisonment), 301, 300, and 297 (the point of causing rape and the choice of limited imprisonment) of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the crimes resulting from serious rape)

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.