Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant and the victim B (the age of 24) are employees who are enrolled in the shopping mall company called “C”.

On November 22, 2019, the Defendant, while drinking alcohol with the workplace rent of 00:30 on November 22, 2019, became to board a taxi along with the victim and the workplace club D around the sexual waters located in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul.

At around 01:00 on the same day, the defendant set the D first set the D at the Jyang-dong, Gwangjin-gu, Seoul Special Metropolitan City, and, at the lower seat of the taxi, he was under the influence of the victim, and the victim was under diving, and the victim was able to wear his grandchildren in the part of the victim and became the chest of the victim.

The defendant continued to dump the victim, but the defendant was drunk and did not resist the resistance, so he would be under the influence of alcohol, taken out the defendant's sexual organ out of the place, and brought the face of the victim into the victim's sexual organ near the defendant's sexual organ, and put the defendant's sexual organ into the victim's sexual organ.

In this respect, the defendant put his sexual organ into the victim's mouth by taking advantage of the victim's mental disorder and non-performance of defense.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on investigation, a criminal investigation (a counter investigation of a taxi engineer), a report on an investigation (a document accompanied by letters sent by a suspect to D), and a report on recording in writing;

1. Application of Acts and subordinate statutes to evidential materials;

1. Articles 299 and 297-2 of the Criminal Act applicable to discretionary mitigation of crimes under Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, occupation, risk of recidivism; the type, motive, and process of the instant crime.