아동ㆍ청소년의성보호에관한법률위반(위계등간음)
1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. Provided, That the above sentence shall be executed for four years from the date this judgment becomes final and conclusive;
Punishment of the crime
At around 01:30 on February 16, 2013, the Defendant: (a) introduced the victim’s name in a telephone call from the victim D (here, 17 years of age) who became aware of his/her sexual intercourse through the Internet hosting on the same day; (b) requested the victim to assist in her sexual intercourse with him/her; (c) he/she was frightened to know that he/she would be raped from the Defendant; and (d) the victim was fluened out of his/her old room and the victim’s name in his/her mother, who was sexually ill.
The Defendant, on the ground that the victim made a false statement to the above her face on the ground that he saw the victim's face one time, and she saw that "I would like to see that she would assault the victim again, or she would see that she would she she will she she she she she might she face, and that she would she she she face up to the near E convenience store, and that she was refused to her sexual intercourse with the victim during she was at least one hour, but she was rejected, she only once the she would soon end she's refusal, she would do so." If the Defendant did not respond to the sexual intercourse, she would she she again she or she would she she she she with a new and clothes."
Since then, at around 03:30 on the same day, the Defendant had sexual intercourse with the victim by putting the victim on the ground ground parking lot located in Yongsan-gu Seoul Metropolitan Government, putting the victim on the floor of the parking lot, and putting the victim off panty in spite of the victim's refusal to do so.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the D public prosecutor’s preparation;
1. Application of Acts and subordinate statutes to each investigation report (field investigation, etc. in the place of occurrence of a case);
1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse concerning the relevant criminal facts;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62(1) of the Criminal Act of the suspended execution is below.