A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Punishment of the crime

Around 18:40 on September 16, 2012, the Defendant, at his own house located in Seo-gu, Seo-gu, Daegu C building 301, divided the shoulders of the victim D (n, 16 years of age) known to the ordinary gate, put them into the panty of the victim, put them into the panty of the victim, and, despite the victim’s “math,” put the victim’s arms into the panty, cut off the victim’s body and off the panty and down the body of the victim’s body from the panty, putting them into the body of the victim into the body of the victim, putting the bridge into the body of the victim, putting them into the negative part of the victim, and sexual intercourse with the victim’s force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for investigation reporting;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant 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 issue of whether an order to disclose or notify information constitutes “any other special circumstance deemed prohibited from disclosing personal information” under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the exception to the disclosure or notification order] shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process of the relevant crime, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the preventive effects of the sex offense against children and juveniles that may be achieved therefrom, and the effects of protecting children and juveniles from the sex offense, etc. (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012; and the following circumstances revealed by the records of this case, namely, the Defendant has a sex offense up to now.