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

Punishment of the crime

The defendant is a driver of the company B, and the victim D (the name, the age of 31) is a customer boarding the above taxi.

On December 12, 2019, at around 05:00, the Defendant stopped a taxi before the Jung-gu EFbridge, Jung-gu, Seoul, Seoul, at around 05:50 on the same day while the Defendant was under the influence of alcohol while getting in the back seat of the taxi that he operated by the Defendant, and then inserted the victim’s chest into the back seat of the victim while the Defendant was under the influence of alcohol at around 05:50 on the same day.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D (including twice the statement of D) (including the statement of D);

1. A report on the occurrence of a crime, each internal investigation report (related to telephone conversations between persons for reference, telephone conversations between a witness H, and interview with victims);

1. Each report on internal investigation (the results of appraisal with a country and the results of appraisal - alcohol or medicinal substances, results of appraisal with a country, results of appraisal - crick) and each investigation report (the confirmation, such as the country and the results of appraisal - the Red Sea Ingredients Inspection, the suspect movement

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders and employment restriction orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the former Act on the Protection of Children and Juveniles against Sexual Abuse.