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.

Punishment of the crime

The defendant, who is a juvenile, met or became aware of the victim C (n, 14 years of age) by the defendant's introduction of the defendant's friendship D.

On August 23, 2014, between 23:00 and 04:00 on August 24, 2014, the Defendant stated that “The victim, who was locked before the machinery room, was able to look at the victim’s chest in front of the machinery room, as the victim’s clothes, and met the victim’s finger, by inserting the Defendant’s hand into the victim’s brogate, and the victim was able to walk up, and the victim was able to walk up the victim’s chest, using the victim’s breath in a state where he did not resist against it, at the investigative agency, the victim took advantage of the victim’s condition where he did not resist.”

(증거기록 제12~13면). 다시 피해자의 팬티 안으로 손을 넣어 피해자의 음부에 피고인의 손가락 2개를 집어넣은 뒤 손가락을 넣었다가 빼내는 행동을 반복한 뒤 피해자의 입에 키스를 하였고 피해자의 상의를 올린 후 피해자의 젖꼭지를 입으로 빨았으며 피고인의 바지를 내려 피해자의 손을 피고인의 성기에 가지고 가 피해자가 피고인의 성기를 만지게 하도록 움직였다.

Accordingly, the Defendant committed by force the act of inserting part of body, such as fingers, in the sexual intercourse of the victim who is a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning reports on sexual assault and telephone services;

1. Article 7 (5) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant 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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from disclosure orders and notification orders under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;