A defendant shall be punished by imprisonment for one year.

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

피고인은 2013. 5. 5. 01:30경 서울 서초구 서초동에 있는 교보문구 앞 도로에서 술에 취하여 일행의 부축을 받고 있던 피해자 C(여, 24세)을 피고인이 운전하던 택시에 태워 목적지인 서울 송파구 방이동 올림픽공원 남2문까지 운행하다가, 같은 날 02:00경 서울 광진구 D에 있는 E모텔 203호에 피해자를 데리고 간 다음, 술에 취해 반항이 불가능한 피해자의 음부를 손으로 수 회 만지고, 입으로 핥아 피해자를 추행하였다.

Summary of Evidence

1. Statements of the accused in part of the trial records first and second times;

1. Statement made by C by a witness in the third protocol of trial;

1. Legal statement of witness F;

1. The prosecutor's office and the police's protocol of statement as to C and the defendant and the defense counsel asserted that the victim first made the criminal defendant to have the telecom, thereby making the criminal defendant to have the telecom, and only made sexual contacts by mutual agreement, and that the criminal defendant did not commit an indecent act against the victim in a state where he is unable to resist under the influence of unilaterally.

However, as acknowledged by the evidence mentioned above, the victim stated that he was under the influence of alcohol to the extent that it is impossible to memory how he had consistently gone into the taxi from the investigative agency to this court, and how he went into the taxi, and that the victim was under the influence of drinking in this court because the victim was in a state of drinking in a considerable amount of drinking at the drinking place, and the victim recommended him to return home, and the victim stated that he was born to the taxi operated by the defendant because the victim was difficult to get a mixed taxi because it is difficult for the victim to get a mixed taxi, and the defendant also stated that the victim was born to the taxi operated by the defendant with other driving together, and that the defendant was born to the taxi after getting the two people's axis and the defendant got the her mother, the victim was sexually under the influence of alcohol.