However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On September 27, 2012, the Defendant came to know of the Victim D (Woo, 17 years of age) who was a juvenile released from the Internet hosting site while holding the Internet hosting site, proposed that the Defendant “I will live in the Na, the married couple, and the home located in the original city. I will drive the vehicle in the original city. I will drive the vehicle in the present city at the present, and move the victim to the Defendant’s residence in front of the subway station located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government, at around 02:00, around the 28th day of the same month.

The Defendant, while living together with the victim in the above residence, was aware of the fact that the victim’s age and intelligence index has a mental disorder to the degree that the victim is over 42, and had sexual intercourse with the victim.

1. On October 2, 2012, the Defendant exceeded the clothes of the victim in his/her residence, and laid his/her sexual organ into the negative part of the victim, and had sexual intercourse with the victim.

2. The Defendant had sexual intercourse with the victim in the same manner at the same place on October 3, 2012.

Accordingly, the defendant, as a juvenile with a disability of the second degree of intellectual disability, has committed two-time sexual intercourses with a victim who lacks the ability to discern things or make decisions.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the victim's DNA welfare card (Grade II);

1. Application of Acts and subordinate statutes governing recording records;

1. Before the amendment by Act No. 11572 on December 18, 2012, of the former Act on the Protection of Children and Juveniles against Sexual Abuse, to the relevant criminal facts;

(a) The same shall apply;

Article 11-2(1)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, dated October 2, 2012, which is the largest penalty];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service, or order to attend a course;