Text
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 15, 2012, around 17:00, the Defendant discovered that the victim D was getting off the bus from the bus platform in front of the bus platform in the next city of the Dasan-si, Seoul Metropolitan City, and notified the victim of the mobile phone number.
At around 18:20 on the same day, the Defendant had the mind to have sexual intercourse with the victim while talking with the victim in the above C Apartment 101, and had the victim's hand, leading the victim's hand, leading the 15th floor of the above apartment, 101, 6-8Ra, and moved to the rooftop stairs.
The Defendant said that the Defendant her strong fishing group “to sit” to the victim, and the victim’s body may not be able to resist psychologically against the victim’s thought that there might be a threat to the victim’s body if the victim who arrived at a place where no one exists may resist, and the Defendant her kids the victim, her kids the victim, her kids, her hand into the victim’s inner part, and limited her right chest and boat, her panty, and forced the victim’s kis and panty to leave, her kis and panty to collect the fingers of the victim’s sound part by inserting them into the victim’s sexual organ.
Accordingly, the defendant, by force, has sexual intercourse with the victim who is a child or juvenile.
Summary of Evidence
1. Witnesses D and E's respective legal statements;
1. Each police statement concerning D;
1. Investigation report (to attach photographs of the site and Kakaooto);
1. Requests for genetic appraisal and response thereto;
1. Psychological opinions;
1. Application of Acts and subordinate statutes on professional examiners;
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. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);
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 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. An order for disclosure and notification;