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 a taxi engineer, and the victim C (V, 20 years old) is a passenger who has been aboard a taxi operated by the defendant.

On October 22, 2017, around 03:37, the Defendant discovered a victim who was under the influence of alcohol while drinking in front of the “D” drinking house located in Mapo-gu Seoul Metropolitan Government, provided that the victim was at the same time serving as a driver, provided that the victim was at the same time serving as a driver, provided that the victim was at the same time serving as a taxi.

After that, the victim, who frighted, frightened in the taxi, frightened earth and sand on the road, frightened the victim's chest, etc., and frightened the victim under the influence of alcohol without any specific resistance, and frightened the victim to rape by using the victim's lack of normal judgment ability.

Thus, the defendant around 05:27 of the same day, at the front of Gangnam-gu Seoul, 05:27, put his hand into the inner part of the victim's back seat, boomed the victim's chest, collected his fingers, exceeded the victim's clothes, and inserted the Defendant's sexual flag into the part of the victim's sound.

Accordingly, the defendant raped the victim in a state of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Application of the Acts and subordinate statutes on the photograph of victims, such as photographs of victims taken by a police hospital, records of taxi operation, card specifications, settlement receipts, photographs of payment, investigation reports (the analysis, etc. of CCTV for the use of a room), and photograph of each camera photograph;

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

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 a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant shall be the same sex offense);