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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 19, 2014, the Defendant, at the Eju stores located in Busan Northern-gu, Busan, for the purpose of having sexual intercourse with the victim F (V, 25 years of age) who did drinking together, was in the state of drinking.

Accordingly, the Defendant: (a) committed sexual intercourse once by inserting the victim into the taxi with “H” 702 Moel in Busan Northern-gu G; (b) exceeding all the clothes of the victim; and (c) inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report (the sequence 3, 5, 11 of the evidence list);

1. Application of Acts and subordinate statutes to damaged photographs, CCTV suspended images, and State and water appraisal reports;

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

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. The grounds for sentencing on the grounds of sentencing, comprehensively taking account of all the circumstances such as the favorable circumstances deemed to be the grounds for sentencing, including the absence of records of sex offenses, etc., the circumstances leading up to the instant crime, the relationship with the victim, etc., as well as the benefits and the preventive effects expected by an order to disclose or notify the Defendant, and the disadvantages and side effects of the order, etc., the Defendant’s personal information shall not be disclosed or notified (see, e.g., Supreme Court Decisions 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, and the proviso to Article 49(1) and the proviso to Article 50(

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of the scope of recommendations: