아동ㆍ청소년의성보호에관한법률위반(준강간)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 26, 2012, at around 23:00, the Defendant: (a) had sexual intercourse by putting off the clothes of the victim, who was under the influence of alcohol, who was unable to resist before the victim’s wife, and was able to resist; (b) had sexual intercourse by inserting her sexual organ into the drinking room on the third floor of “Dn't room” located in Seo-gu Busan, Seo-gu, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Records recording, the application of statutes governing the forest;
1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) on criminal facts; Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012)
1. Article 2, Article 60 (2) and Article 55 (1) 3 of the Juvenile Act (the accused is recognized as the juvenile in view of his/her characteristics, since he/she is recognized as the juvenile in view of his/her characteristics);
1. The main sentence of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (hereinafter “the grounds for imprisonment”), which is favorable to the defendant;
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012), the main sentence of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction becomes final and conclusive as to a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a sexual crime subject to registration of personal information, as stated in the former Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification of information, as a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Law No. 1156, Dec. 18, 2012), and Article 43(1) of the said Act.