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

The defendant and the victim D(the age of 22) are between the employees of E-ju store.

Around 07:00 on October 23, 2014, the Defendant: (a) operated a FSM vehicle while driving the FSM vehicle, which was parked in front of the GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGEGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including D's statement part);

1. Each police statement made to D and H;

1. Recording notes, tape-recording files, and text records;

1. Determination of each investigation report (Evidence Nos. 5, 9, 16) as to the defendant and his/her defense counsel

1. Although the Defendant had sexual intercourse with the victim within a passenger car, he/she did not assault or threaten the victim to the extent that he/she could make it impossible or considerably difficult to resist.

2. Whether a perpetrator committed assault or intimidation to establish the legal doctrine of rape ought to be determined based on the specific circumstances in which the victim was faced at the time of sexual intercourse, taking into account not only the content and degree of the assault or intimidation, but also the background leading up to exercising force, the relationship with the victim, and the circumstances after the sexual intercourse. From an ex post perspective, the victim may escape from the scene of the crime before sexual intercourse.