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

On October 15, 2016, the Defendant had sexual intercourse with the victim G (V, 11 years old) that he came to know through the “F” of the video-recording flock in Eel located in 20:30 on October 15, 2016, and had sexual intercourse with the victim by inserting his sexual organ into the victim’s sound book once by inserting it into the victim’s sound book at around 23:00 on the same day.

Accordingly, the defendant had sexual intercourse over two times with a person under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Investigation report (verification of the contents dialogueed with suspects and F);

1. Application of each statute on photographs;

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for rape of a minor on October 23, 2016, with heavier punishment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no record of punishment for sex crimes) of Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism] of the Defendant, the victim’s intent who does not wish to punish the Defendant, and other various circumstances, such as the benefits and preventive effects expected from the disclosure or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant

In a case where a conviction becomes final and conclusive on the facts constituting a crime in the judgment on the registration of new information, the defendant is in accordance with the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of