A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 24 hours.

Punishment of the crime

[criminal record] On June 20, 2014, the Defendant was sentenced to six (6) months of suspended sentence for embezzlement of the deserted Articles in possession at the Seoul Central District Court on June 20, 2014, and the said judgment became final and conclusive on June 28, 2014 and is still under suspended sentence.

[2] On March 5, 2015, around 02:30, the Defendant parked a F taxi on the road near the Eel parking lot located in Gwanak-gu in Seoul Special Metropolitan City, and then walked on the part of the injured party G (V 24 years old) who was under influence of alcohol at the lower seat of the said cab and walked out her brogate, and then her left milbbs of the injured party was prompt and taken by her hand.

Accordingly, the defendant committed an indecent act against the victim by using the state of impossibility of resistance.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness G;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. A written statement by the police against G “The Defendant will offer money to the victim who was divingd at the rear seat of the taxi and take care of the victim’s hand by opening a back seat of the driver’s seat in order to shoulder the victim who was divingd at the rear seat of the taxi and taking care of the victim’s hand, with the victim’s face taken into his chest, and write down the head of the Defendant’s rhym.

Along with the fact that the victim proposed and consented continuously, the chest of the victim as described in the facts charged, and the Defendant did not commit an indecent act against the victim by using the victim’s resistance impossible condition.

그러나, 피해자는 이 법정에서 추행 직전 및 당시 상황에 대하여 ‘ 남자친구와 술을 마시고 헤어진 뒤 택시에 탔다가 술에 취해 잠이 들었는데, 피고인이 피해자의 가슴을 빨고 있을 때 잠이 깼고, 처음에는 남자친구인 줄 알고 습관적으로 한번 머리부분을 감싸안았다가 상대방의 머리가 짧아 정신이 깨서 바로 밀쳐 냈다’ 고 진술하고 있는 바, 피해 자의 위와 같은 진술내용은 피해 자의...