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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
At around 07:00 on May 18, 2013, the Defendant: (a) laid the victim H (n, 15 years of age) in a cafeteria located in Ulsan-gu, Ulsan-gu, U.S. Etecom 708, Ulsan-gu, Seoul-gu, and sought to cover the part of the victim’s chest and the part of the buckbucks, and be off the clothes.
Therefore, the victim's refusal to do so such as smugglinging the defendant, and if the victim's body is above the victim's body, he gets off the victim's body and panty, exceeded the victim's body and panty, and added the victim's fingers into the victim's sexual flag.
On the other hand, the defendant continued to have sexual intercourse with the victim's sexual organ inserted his sexual organ into the victim's sexual organ by assaulting the victim's hair, such as taking the victim's hair, taking the victim's face in drinking, etc.
As a result, the defendant abused the victim so that he could not resist against the victim, had sexual intercourse once, and caused the victim to go about about 21 days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Records of proceedings of statement;
1. A written diagnosis of injury;
1. A report on investigation intelligence, each investigation report (to attach photographs on the body part of the victim, a CD-recording material recording materials, and a response to appraisal), each internal investigation report (to attach photographs on the body part of the victim, to attach Ecomperson), and a report on the preparation of a record;
1. Application of Chapter 4 of the victim H face and the upper part of a bridge, 17 photographs, etc. of the suspect and the victim's entry into the telecom, and statutes to attach Ecomburies;
1. Relevant Articles of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime;
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. Articles 4 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012);