A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

(e).

Punishment of the crime

The defendant is a person who drives C-si which owns Dong Transportation Co., Ltd.

On January 1, 2015, at around 07:20, the Defendant: (a) was under the influence of alcohol in front of the street of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, on the back seat of the taxi at around 08:00 on the same day; (b) was in operation to the back seat of the taxi; (c) was at the vicinity of Mapo-gu, Seoul, a residence of the victim; (d) stopped the vehicle operated by the Defendant at the location of the victim; (d) was able to use both arms of the victim who was under the influence of alcohol at the back seat; (e) took the victim’s hand into the back seat; (e) took the victim’s hand into the back seat; and (e) took the victim’s left chest; (e) putting the Defendant’s hand into the victim’s panty; and (e) inserted the Defendant’s hand into the victim’s panty part; and (e) inserted the suspect’s finger’s finger into the part of the victim.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against D or F;

1. Two copies of an appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (verification of taxi operation records), investigation reports (Y-STR DNA analysis techniques);

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;

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

1. In full view of all the circumstances, including the Defendant’s age, environment, expected effect of disclosure or notification order, disadvantages and side effects, etc., as well as the Defendant’s age, environment, effect of prevention of interest and side effects expected due to such order, etc., as well as the fact that the Defendant did not have any history of punishment for sexual crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant’s act on the Protection of Children and Juveniles against Sexual Abuse has no history of punishment for sexual crimes.