A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

At around 02:00 on November 2, 2013, the Defendant: (a) while driving a F taxi on the roads near the E University located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) had the victim G (here 21 years of age) who intends to return home under the influence of alcohol; and (c) had the victim’s residence in the Namdong-gu Incheon Metropolitan City, the Defendant confirmed that the victim was under the influence of alcohol and became under the state of failing to resist due to the victim’s loss of mind; and (d) had the victim

1. The Defendant violated the Specialized Credit Financial Business Act, around 02:43 the same day, was in front of the building I, and the Defendant, under the influence of alcohol, started work by drawing the victim who was deprived of mind from the back seat of the said taxi into the Defendant’s back seat, and entered the “J” telecom with the 6th floor of the said building, and arbitrarily settled KRW 60,000 by withdrawing the NAC card owned by the victim’s bank from the victim’s bank.

Accordingly, the defendant used the debit card of the stolen victim.

2. The Defendant, at the time and place set forth in Paragraph 1, paid the victim’s her cream card at the time and place, and, after entering the said cel 606, exempted the victim from all the lower parts of the victim who lost her mind by drinking, and had sexual intercourse once with the victim.

Accordingly, the Defendant raped the victim by taking advantage of the state of her ability to resist by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. A report on internal investigation (a receipt for the telecom card attached to data);

1. Application of Acts and subordinate statutes to photographic vehicles, etc.;

1. Relevant legal provisions concerning facts constituting an offense and Article 70 (1) 3 of the Specialized Credit Finance Business Act that choose the penalty (the illegal use of debit cards and the election of imprisonment) and Articles 29 and 297 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment prescribed for the crime of quasi-rape heavier than the punishment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.