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

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

After entering around April 6, 2017, the Defendant joined the Internet site "E" under the separate name of "E", which is created by the people interested in the "OS" around October 2016, the Defendant came to know of the victim F (12 years of age) who was a member of the above broadband. After using the fact that the victim, who was the sixth-year elementary school, was a family-based problem, was the second grade of the school, such as the victim's rice, etc., and was approaching the victim as the second grade of the school.

Defendant,

1. From the studio of “H” in Gangdong-gu Seoul Metropolitan Government on February 19, 2017, around 18:00, the victim had a television with the victim, who was under the influence of the victim’s entrance, she met with the victim’s drinking part, and let the victim be off the victim’s clothes, she was frightd with the victim’s chest and sound part, and the victim’s upper part was frightd with the victim’s chest and sound part, and sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s drinking part;

2. sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound in the same manner as the foregoing 1 in the studio of the third floor of the building in Ansan-si, the third floor of the building in Ansan-si, a member I, in a case where the time is unknown on February 28, 2017;

3. sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sound book by inserting the Defendant’s sexual organ in the same manner as the above 1 in the room page where it is impossible to identify the trade name in Ansan-si from March 10, 201 to February 20 of the same month;

4. Intercourse with the Defendant’s sexual organ inserted in the victim’s sound book in the same manner as the Defendant’s sexual organ at the office of the Defendant No. 301 of the building located in Ansan-si on March 21, 2017, around 14:00, in accordance with the foregoing paragraph 1;

5. At around 15:00 on March 29, 2017, the Defendant’s office inserted the Defendant’s sexual organ into the part of the victim’s sexual organ in the same manner as the above 15:00.

Accordingly, the defendant has sexual intercourse with the victim under the age of 13 over five times.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the M Hospital Maritime Affairs Center;

1. An expert opinion on child sexual assault case;

1. Investigation report (the No. 17 of the evidence list);

1. Family relation certificate of the complainant;

1. Submission of the victim's closure photographs, etc.;

Application of Statutes

1. Article applicable to criminal facts;

Articles 305 and 297 of the Criminal Code

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes resulting from rape of a minor on March 29, 2017)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender is the defendant, the registration of the defendant's personal information, and the order to attend school for treatment of sexual assault can expect the effect of recidivism to a certain extent. In addition, in light of all circumstances, such as the defendant's age, family environment, social relationship, etc. as shown in the argument of this case, disclosure and notification order has a significant side effect on the disadvantage and anticipated side effects on the defendant's suffering from disclosure and notification order, while the effect of the prevention of sexual crimes that can be achieved is relatively less likely to be achieved, and there are special circumstances where the defendant should not disclose and notify personal information).

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes and concurrent crimes under subparagraphs 1 and 2: The crimes of medication and rape of each minor;

[Determination of Punishment] Sex Offenses, General Criteria, Sex Offenses against the Age of 13, Type 2 (Rape)

【Special Convicted Persons】 Members not subject to punishment

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years (Mitigation)

(b) The scope of final sentence due to the aggravation of multiple crimes: One year and six months from June to five years (three years from the upper limit of basic crimes + one year and six months from the upper limit of the first concurrent crimes + one-third of the upper limit of the second concurrent crimes).

3. Determination of sentence;

Each of the crimes of this case is that the defendant had sexual intercourse over five occasions with the victim under 12 years of age who lacks the concept and ability to judge the sex, and that the crime of this case is not good in light of the victim's age or the circumstances of the crime. In particular, each of the crimes of this case is a need for strict punishment in light of the legislative purpose of protecting the sexual self-determination right of minors under 13 years of age who are not well aware of the sex and the normal development of the sex, and thereby, it seems that the victim's sexual identity and values are likely to have a negative effect on the formation of the victim's sexual identity and values.

However, under the circumstances favorable to the defendant, all of the crimes of this case are led to the confession of the defendant and reflects his mistake in depth, the defendant is the first offender who has no criminal records; the defendant did not exercise his specific force to the victim during the course of the crime with the victim's death at the time of each of the crimes of this case; the defendant does not want to punish the defendant; the defendant does not want to have any specific force to the victim; the defendant's life in society where the majority is the first adult age of the defendant, and the defendant's family members are leading the defendant; the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and all of the sentencing factors shown in the arguments of this case, including the defendant's age, character and behavior, motive

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the competent agency pursuant to Article 43

It is so decided as per Disposition for the above reasons.

The same judge's identity

Judges Lee Young-young