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

At around 01:00 on May 16, 2013, the Defendant, at E’s house located in Seongdong-gu Seoul Metropolitan Government, performed drinking with F and the victim G (n, 13 years of age) who was aware of usual knowledge in Seongdong-gu. After drinking alcohol, the Defendant: (a) presumed the victim under the influence of alcohol E to be the victim’s business and inn, and (b) 05:30 on the same day, the victim was under the influence of alcohol; (c) calculated the expenses for inn by accompanying the victim to the In in Seongdong-gu Seoul Metropolitan Government H along with E; and (d) made sexual intercourse once after he exceeded the clothes of the victim under the influence of the said inn.

As a result, the Defendant attempted to have sexual intercourse with the victim who is a child or juvenile in a state that E is unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. Copies of each police interrogation protocol against E and J;

1. A copy of each police statement made to F, K, L, and G;

1. Copy of a record;

1. A copy of the investigation report (verification of the time of entrance and exit);

1. The application of Acts and subordinate statutes to the copy of the meeting for appraisal request, and the copy of the meeting for appraisal request;

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) on criminal facts; Articles 299 and 32(1) of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012)

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

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;

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

1. The main sentence of Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is ordered to disclose;

1. Where a conviction becomes final and conclusive on the facts constituting an offense on which personal information is registered under Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant shall be the Gu.