A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On May 6, 2018, at around 03:35, the Defendant: (a) was in front of the “C” drinking house near the Dong-gu Seoul metropolitan area; (b) was willing to have sexual intercourse with the victim E (the victim E (the victim 22 years old), who was aboard the Defendant’s D taxi; (c) was moving into G apartment, which is the victim’s residence in Seo-gu, Gwangju metropolitan area; and (d) was in front of the said victim’s apartment house; (b) on May 6, 2018, the Defendant was able to have sexual intercourse with the victim who was under the influence of alcohol; (c) was driving again at the front of the said victim’s residential apartment house; (d) but was under the influence of alcohol, and (d) was driving again and making a sobreacing so on and after drinking, the Defendant went off the victim’s clothes by inserting his mind on May 6, 2018.

Accordingly, the Defendant, under the influence of alcohol, raped the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement to J police officers;

1. Video CDs;

1. Records of seizure and the list of seizure;

1. Determination as to the assertion by each photograph, operation stamp, etc., the response to appraisal request, account transaction details, receipts, text messages, the accused and the defense counsel

1. The summary of the defendant's and defense counsel's assertion was not in the state of mental or physical disability or non-performance of defense counsel at the time of the instant case, and the defendant has sexual intercourse only with the victim under the agreement with the victim, and there was no sexual intercourse with the victim by taking advantage of the victim'

2. Determination

A. The facts of recognition are as follows: (a) on May 5, 2018, the aggrieved party 1 met by dividing her-friendly job offering J into 4 soldiers in the “L” alcohol house located in Seo-gu, Seo-gu, Gwangju, and around 00:35 on May 6, 2018; (b) around 00:48 on May 6, 2018 and around 00:48 on May 6, 2018, the aggrieved party she moves from the foregoing alcohol house to the “C” alcohol house located near the Dong-gu, Gwangju, and then divided into five diseases per week on May 6, 2018; and (c) on May 6, 2018.