All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and six months of imprisonment, 40 hours of completing a sexual assault treatment program, 3 years of employment restriction) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime was committed by the Defendant, who is a taxi engineer, quasi-rapeing a female of 18 years old who was on board the taxi.

Since taxi passengers can not get off in mind at a taxi in driving, the inside of the taxi is the area exclusively controlled by the taxi engineer.

The reason is that passengers are able to arrive at a destination without any particular doubt when they believe that they are engaged in passenger business to observe the professional ethics.

B. If a passenger is in a state of being taken by a passenger, a taxi engineer bears the duty to protect the passenger in a contract of carriage where he/she will immediately leave the passenger at the destination or where he/she can safely leave the passenger at a minimum.

Nevertheless, the Defendant, while taking advantage of all such social trust and contractual obligations, had sexual intercourse with the victim who lost his ability to defend by drinking, by moving the victim to an influence place.

In light of these circumstances, since the nature of the crime is extremely poor, the possibility of criticism against the defendant is much larger than that of other rape crimes, and the responsibility for the crime is too heavy.

On the other hand, the defendant did not have the same criminal record, and recognized the crime of this case from the second trial date after the trial date of the court below.

In the court below's decision, the injured party does not want to be punished against the defendant because the injured party has agreed smoothly with the injured party.

The defendant was awarded an order of merit for the past 30 years as a soldier and registered as a person of distinguished service to the State, and it seems clear that social ties are.

In addition, the age, sex, environment, health status, family relationship, and the details, method, and result of the instant crime.