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

1. On January 30, 2016, the Defendant committed an indecent act by force against minor minors: (a) committed an indecent act against the victim D (a) under the age of 13, i.e., under the influence of under the influence of alcohol by a victim D (a person under the age of 12) who became aware of through the Internet-based rupture counseling and carpets.

2. A minor rape on February 1, 2016, the Defendant had sexual intercourse with the victim under 13 years of age by talking the victim’s chest and the fel in the Felel located in the Youngdo-gu Busan Metropolitan City E.

Summary of Evidence

1. Partial statement of the defendant;

1. Recordings of each statement made in D and each statement recorded in D - one CD;

1. Investigation report (the confirmation of the victim's age);

1. Each gene appraisal report;

1. On-site photographs of the instant case, Busan Felgram (the Defendant was unaware of the fact that he was the victim under 13 years of age)

However, according to the evidence adopted and examined by this court, it is acknowledged that the defendant was aware of the fact that the victim was an elementary school student, that the victim was born in October, and that the defendant was aware of the fact that the victim was under 13 years of age.

Since it is reasonable to see that the defendant's above assertion is rejected.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 305, 298, 305, 298, 305, and 297 of the Criminal Act concerning the choice of punishment (a point where a minor is forced to commit an indecent act or a punishment);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with respect to the rape of a minor with heavy punishment (within the scope of the sum of the long-term punishment for the above two crimes)];

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 of the said Act;

1. The exemption from disclosure orders and notification orders shall be the protection of children and juveniles against sexual traffic;