A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 09:00 on July 29, 2014, the Defendant, at the home of the Defendant, located in Seocheon-gu, Seocheon-gu C and 1st century, was forced to kis on the part of the victim, and the victim resisted the body of the Defendant, and the victim resisted the body of the Defendant, the Defendant divided the shoulder of the victim into two hands, forced the victim to be placed on the floor, and prevented the victim from resisting against it, and had sexual intercourse with the victim once.

As a result, the defendant raped the victim who is a child or juvenile, and thereby, suffered some marblings, sensium, etc., which require medical treatment for about one month from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A criminal investigation report (with respect to photographing photographs of the victim), a criminal investigation report ( Results of request for appraisal by the Seoul Science Investigation Institute), a criminal investigation report (report on telephone conversations of the victim), and a criminal investigation report (report on telephone conversations for treatment of the victim);

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 9 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the crime;

1. Article 2 and Article 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (as the accused is recognized as a juvenile in light of its characteristics, it is reasonable to view the characteristics as the juvenile);

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, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances among the reasons for sentencing below);

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

1. Grounds for sentencing (which is a child or juvenile, and thus the defendant is a child or juvenile) under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and nine months to seven years;

2. Determination of sentence;