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

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

Punishment of the crime

The defendant is a private taxi driver.

On February 18, 2014, at around 02:39, the Defendant: (a) laid the victim D, who was under the influence of alcohol in the vicinity of C in the Pakistan-si, the private taxi, and (b) tried to move the victim to the F in the vicinity of the Sinsan-dong, Busan-gu, the destination of which is the private taxi; (c) but (d) however, the victim was unable to get off at the vicinity of the destination due to the alcohol and did not look at the spirit of the victim, thereby having sexual intercourse with the victim to the telecom.

The Defendant, on February 18, 2014, from around 03:42 to 05:14, 00, worked in the Hemotogu G in Goyang-si, and entered the victim under the influence of alcohol, etc., and opened the above 103 Mamoto, and used the victim’s refusal to resist, laid off the victim’s clothes, such as anti-fluor, singing, panty, etc., and continued to put the victim’s chest and sound into the part of the victim, but the victim was not able to keep the body of the body of the victim and put into the part of the sexual flag, and did not put the victim into the part of the victim.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, but did not have such intent but did not have attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The application of Acts and subordinate statutes to correspondence for expert opinion;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) 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 an order to disclose or notify, and 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 prior to the instant crime