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 15:00 on April 21, 2013, the Defendant: (a) 105 Dong-gu, Daejeon apartment house C, which is the Defendant’s residence; (b) 105 Dong-gu, Daejeon apartment house C, 1301; and (c) she, without disregarding the horses of the victim D (the age of 16) refusing to engage in sexual intercourse with the Defendant’s sexual organ inserted the Defendant’s sexual organ into the victim’s negative organ against the victim’s will going back on the victim’s body.

Accordingly, the Defendant committed rape against a juvenile by force.

Summary of Evidence

1. Statement to the effect that the defendant has sexual intercourse with the victim at the time and place of the ruling, which was made by this court;

1. Legal statement of witness D;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes to entries in a card use statement;

1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”) on 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 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following: (a) the proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no criminal record of the same kind to the defendant; (b) the defendant agreed with the victim; and (c) the need to impose a security measure such as an order to notify disclosure as it is difficult to readily conclude that the defendant is in danger of re-offending because of clear social ties, there is no special circumstance to not disclose