A defendant shall be punished by imprisonment for four 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 who operates a taxi for business use in E.

On September 2, 2017, at around 00:54, the Defendant: (a) taken the Victim G (the 24 years of age) in the state of being taken into the road near Gangnam-gu Seoul Metropolitan Government on the road; (b) did not properly express his/her intent by failing to properly explain his/her destination; (c) was used on the back seat of the taxi; (d) was made several occasions inside and outside the taxi; and (d) was made several times in the inside and outside the taxi; and (e) took an act of drinking, such as communicating the Defendant’s phone call, and talking the victim to have sexual intercourse by taking advantage of the victim’s resistance impossible condition.

Around 01:55 on the same day, Defendant 1, who was driving the above taxi and became aware of the victim’s identification card while driving the taxi, sent around the apartment located in the Gangnam-gu Seoul Metropolitan Government H for about 30 minutes, which is the victim’s residence, and was in sexual intercourse once with Defendant 1, who was moving about 8km away from the above apartment to the road near the headline of the main road located in Seongdong-gu Seoul Metropolitan City, Seongdong-gu, Seoul, to the road near the headline of the main road.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss, or the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness G in the first trial record;

1. Some statements made to the accused in the protocol of interrogation of the suspect (No. 4 times) to the prosecution, and some statements made to the accused in the protocol of interrogation of the suspect (No. 22 times a patrol time) to the police;

1. Statement of the police statement related to G;

1. A report on occurrence (voluntary indecent act), internal investigation report (the telephone investigation), the internal investigation report (the telephone investigation), the investigation report (the report on the missing of the victim), the investigation report (the report on the missing of the victim) (the contents related to the victim and the victim's male-child), the investigation report (the statement on the conversation between the victim and the victim), the investigation report (the request for appraisal and response for collection of sexual violence evidence), the investigation report (the request for appraisal and response) (the request for investigation report on the collection of sexual violence evidence), the investigation report (the confirmation of the E-si vehicle 23), the investigation report (the files related to the filing of the suspect), the investigation report (the files related to the suspect's submission), the investigation report (I.D.) and the reference report (the report on the investigation).