미성년자의제강간
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
The defendant is a person who commits a crime of Taekwondo in the Republic of Korea accompanying a victim B (a family name, a female, 12 years of age).
Around 15:00 on February 9, 2020, the Defendant, at the office of the Defendant, set off the victim’s clothes from the Defendant’s house in Kimhae-si, Kim Jong-si, and D, laid off the victim’s clothes, laid down his fingers into the victim’s sexual organ in the victim’s sexual organ, and inserted his sexual organ into the victim’s negative organ once.
Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Statements made by a victim recorded in a video CD (Evidence Nos. 6);
1. Application of Acts and subordinate statutes on police statement to E;
1. Articles 305 and 297 of the former Criminal Act (amended by Act No. 17265 of May 19, 2020) concerning criminal facts
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 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); 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) appears to have no record of being punished for a sexual crime prior to the instant crime; the Defendant’s order to attend a lecture and the issuance of an employment restriction order to the Defendant and the registration of personal information appear to have the effect of preventing recidivism to a certain extent; and the Defendant’s age, character and environment, the contents of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury by the disclosure and notification order, and the prevention of a sexual crime that may
1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;