A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant is between the victim B (n, 14 years of age) and the victim.

On May 1, 2020, the Defendant, from around 06:10 on the same day to around 08:50 on the same day, was raped from the Defendant’s friendship in Gwangjin-gu Seoul Special Metropolitan City, Maur D, the Defendant’s friendship from his native E, and then was frightened in the victim’s side, who was divingd on the part of the Defendant’s her mother.

As a result, the defendant committed an indecent act against the victim by using the victim's non-satisfy condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. On-site photographs of the telecom, the list of handling reported cases, the statement of opinion with 112, and the place of accommodation;

1. Each request for appraisal and reply (Nos. 26, 27);

1. Application of investigation reports (with respect to the state of victim), investigation reports (time when the injured person enters the telecom and CCTV condition), investigation reports (the contents of CCTV recording in the telecom) (applicable to statutes;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, Article 298 of the Criminal Act, and the selection of a sentence for imprisonment with labor, as to the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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

1. Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso of the Welfare of Persons with Disabilities Act (amended by Act No. 1738, Jun. 2, 2020); and the Defendant does not have any record of being punished as a sexual crime before the instant crime; thus, the instant crime alone constitutes a risk of recidivism or recommitting a sexual crime against the Defendant.

It is difficult to readily conclude the registration of personal information of the defendant and sexual violence.