A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. On July 23, 2017, around 09:00, the Defendant requested the victim D (V, 14 years old) who was a woman living together with a woman living together, who had been aware of his/her reputation within 104 in the Chungcheong-si 104, to engage in sexual intercourse, but the Defendant refused to engage in such sexual intercourse.

"Abscing off the victim's body, dumping off the victim's body, suppressing the resistance, and inserting the sexual organ into the part of the victim's body, and raped the juvenile victim.

2. At around 14:00 on the same day as the above paragraph 1 above, Defendant 1 got out of the victim’s panty and spanty of the victim, using the victim’s panty and spanty, and added the victim’s sexual organ into the victim’s spanty and spanty, thereby making a quasi-rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. The written statement made by the police about D [the defendant and his defense counsel argued that there was no fact that the defendant divided the body of the victim who resisted against the defendant's defense" as stated in paragraph (1) of the crime, but according to the consistent statement made by the investigation agency of the victim, the defendant requested the victim to have sexual intercourse at about two hours at the time of the case, but the victim's refusal was found to have been exempted from the victim's will and committed the same act as stated in the above crime. When considering the degree of such tangible force, the age of the defendant and the victim, and the place where the case occurred, the above defendant's act constitutes "brut" as stipulated in Article 7 (1) of the Act on the Protection of Children from Sexual Abuse, and thus the defendant's and the defense counsel's above

Application of Statutes

1. Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of juvenile rape and the choice of imprisonment with prison labor), Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts (the point of juvenile quasi-rape).