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 taxi driver with the victim C (the 33 years of age) and the defendant was aware that he was a guest while driving a taxi.

At around 10:00 on May 26, 2015, the Defendant, while drinking alcohol together with the victim, was in a manner to rape the victim, and was discharged from the victim’s clothes and her clothes in a state where he / she was placed on the victim’s body, she was able to look at the victim’s bridge 206.

As the victim resists, the defendant gets her chest by his hand, her hand when her bucks from the victim's chest, when her booms on both sides by drinking, when her booms against the victim, and her chests into the victim's chest and gender, as soon as the victim's chests and the defendant's sexual organ were inserted into the victim's negative part.

When the sexual organ inserted in the defendant, the defendant had the victim's sexual organ as soon as possible, and when the sexual organ occurred again, he has sexual intercourse with the victim for about two hours in a way of inserting or repeated inserting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on investigation (No. 7 of the list of evidence);

1. Application of Acts and subordinate statutes to requests for appraisal, reports on genes and written gene appraisal;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 shall be likely to recommit sexual crimes in light of the following favorable circumstances deemed the grounds for sentencing, such as having no record of sex crimes, and the circumstances leading up to the instant crimes, relationship with the