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.

Punishment of the crime

At around 18:50 on July 1, 2012, the Defendant, while drinking alcohol together with the victim FF (n, 14 years of age) in Bupyeong-gu, Seocheon-si D on July 1, 2012, and the victim did not properly over his body under the influence of alcohol and did sexual intercourse with his sexual organ in the victim’s negative part.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. Investigation report (the results of DNA appraisal on whether a fixed amount is detected), application of the Acts and subordinate statutes of response to requests for appraisal;

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Jun. 19, 2013); Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012) concerning 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of 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 Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no criminal record and has no social relation clear, and the defendant concurrently takes an order to complete a sexual assault treatment program necessary for the prevention of recidivism, etc., it is deemed that there are special circumstances that may not disclose and notify the personal information of the defendant

1. The scope of punishment: Imprisonment for not less than two years and not more than 6 months but not more than 15 years;

2. The scope of recommendations [Determination of types of punishment] the general standards for rapes, such as rapes/residential intrusions, etc. by kinships (subject to the age of 13)/special rapes (decision of the recommended area] mitigated area (decision of the recommended area: Reduction of punishment): Imprisonment with prison labor for three to five years;

3. Determination of sentence: Imprisonment with prison labor for three years, and the defendant with a suspended execution for four years shall drink the victim of the young age;