A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is an article that drives a taxi for business use, and the victim D (the age of 27 and the nationality of Thai) enters the Republic of Korea for tourism purposes.

On September 28, 2015, around 02:10 on September 28, 2015, the victim requested that the Defendant take a taxi driving in front of the F main point in Seocho-gu Seoul, Seocho-gu, Seoul, to the effect that “the Defendant gets a baby in Gangdong-gu Seoul Metropolitan Government G.”

However, the defendant had the mind to have sexual intercourse with the victim by reporting that the victim was in the state of her being sexual intercourse, and around the same day, around 02:54, the defendant moved to the Iel parking lot located in Seocho-gu Seoul Metropolitan Government Seocho-gu.

Then, the Defendant: (a) placed the victim on the part of the victim under the above 207 Maurel 207, laid off the victim’s clothes on the bed; (b) placed his sexual organ on the part of his bed; and (c) placed his sexual organ on the part of his bed, and had sexual intercourse once with the female.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the impossibility of resistance.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Each gene appraisal report and legal and chemical appraisal report;

1. Investigation report (Analysis of the degree of alcohol content in the blood of the victim), investigation report (Calculation of the degree of alcohol concentration in the blood at the time of damage to the victim), and investigation report (with respect to the statement made by the mother person);

1. Records of self-employed taxi operation (20:10 to 03:14), suspect-employed taxi movement routes, photographic images of cell phone call details, victim telephone details, and taxi operation records;

1. (I) CCTV at the scene of the crime (I) CCTV (three video images) and CCTV CDs at the entrance of the Iel (the defendant and his defense counsel had sexual intercourse with the victim under an agreement with the victim, and at that time the victim was not in a state of exploitation;

The argument is asserted.

However, in light of the following circumstances acknowledged by evidence duly adopted and investigated by this Court, the Defendant had sexual intercourse with a victim under the influence of alcohol with a victim in a state of resistance.

may be seen.

(1) A victim is consistently making statements concerning the situation before and after damage.