A defendant shall be punished by imprisonment for not less than two years and six months.

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

On May 12, 2018, at around 06:00, the Defendant discovered that “C” clubs located on the first underground floor of Gangnam-gu Seoul Metropolitan Government, “C” were unable to keep the spirit of drinking, and, at around 06:18 on the same day, she was carrying the victim into the taxi and carried the victim into the “F” cartel G in the same Gu E, and continued to put the victim without the awareness of drinking into the part of the victim, and then put the victim’s sexual organ into the part of the sound.

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 the consultation about the results of genetic testing of victims' sexual assault evidence collection), investigation report (in response to the results of request for appraisal by DNA of a suspect);

1. - One copy of the victim's photograph - two copies of the victim's photograph - two copies of the entrance photograph of the tele, - the use of the victim's card, - one CD - one letter of request for appraisal, appraisal (Evidence Nos. 17.26) shall apply.

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. 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 Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse; 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 crime in this case alone is difficult to readily conclude that there is a habit of sexual assault against many unspecified victims; and the Defendant also has the effect of preventing recidivism by taking part in the registration of personal information and taking part in the treatment of sexual assault.