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

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

The defendant shall be ordered to place an employment restriction on children and juveniles-related institutions, etc. for three years.

On May 12, 2018, at around 06:00, the Defendant discovered that the victim D (one person, other person, and 28 years of age) was unable to keep a mind by drinking at the “C” club located on the 1st underground of Gangnam-gu Seoul, Seoul, and took the victim into the taxi with the “F” teleel G in the same Gu E on the same day at around 06:18 on the same day, and continued to put the victim, who is not able to be drunk, into the part of the victim’s sound, and put the victim’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (F staff's telephone conversation), report on internal investigation (related to oral statement of a taxi engineer), report on internal investigation (related to CCTV verification on the scene of occurrence), investigation report (related to consultation on the results of gene assessment of victims' sexual assault evidence collection), investigation report (in response to requests for appraisal by DNA of a suspect);

1. - A copy of the victim’s photograph - two copies of the victim’s photograph, the entrance photograph, the records of the use of the victim’s card, the CDI - The letter of request for appraisal, the letter of appraisal (Evidence No. 17.26, 26).

Application of Statutes

1. Article applicable to criminal facts;

Articles 299 and 297 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure or notification order; 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 (the first offender who has no record of sexual assault crimes; the crime in this case alone is hard to readily conclude that the Defendant has a habitor for sexual assault against an unspecified number of victims; the Defendant’s personal information registration and attending lectures for the treatment of sexual assault can be expected to a certain extent to prevent recidivism; and the Defendant’s personal information can be expected to have an effect of preventing recidivism; and taking full account of all the circumstances such as the benefits and preventive effect expected by the disclosure or notification order, disadvantages and side effects resulting therefrom, there are special circumstances where disclosure or notification of

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

Registration and submission of personal information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] General Criteria for Sex Offenses, Type 1 (General Rape)

[Special Esponsor] Punishment / Scientific, dynamical, or extreme acts, or increase of sexual humiliations.

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 2 years to 6 years, 5 years

3. Determination of sentence;

In this case, the crime is not good in light of the method of crime and the circumstances before and after the crime committed by the Defendant, a victim who was under the influence of alcohol and was raped by the Defendant. The victim seems to have suffered considerable sexual humiliation and mental suffering due to the instant crime.

However, the fact that the defendant recognized a mistake and reflects the defendant, there is no criminal punishment against the defendant, and the fact that the defendant received a letter by mutual consent with the victim late later is a favorable condition for the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime.

Judges Kim Gin-soo

Judges Kim Gin-young