A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant was a call driver, and the victim F (the 27 years old) was born to the victim's house several times.

On December 17, 2016, the Defendant: (a) received a call from a person who was under the influence of alcohol to take house from the victim; (b) took the victim into the vehicle of the Defendant’s driver; (c) taken the victim’s residence in Seocho-gu Seoul Metropolitan Government on board the victim’s vehicle; (d) laid the victim’s bed away from the bed; and (e) taken the victim’s bed away from the bed; and (e) took the victim’s sexual intercourse with the victim by inserting the victim’s sexual organ into the part of the victim’s sexual organ into a state of resistance which makes it impossible for the victim to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to F;

1. Each gene appraisal report;

1. Records of medical records for victims of sexual assault, records of the processing of the 112 reported case, photographs of the H contents sent to the victim by the victim, photographs of the victim of the crime prevention, photographs of the CCTV images 07-30, and images contained in CCTV video CDs;

1. Report on internal investigation (on January 6, 2017, on-site visit and search for investigation, on January 6, 2017, on telephone conversations between the suspected and the suspected person on January 6, 2017), and the application of Acts and subordinate statutes to report on internal investigation ( on CCTV image analysis conducted in a room).

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 fact that the defendant has no record of criminal punishment for sexual crimes, the defendant’s age, occupation, social relationship, etc. is registered and sexual assault against the defendant.