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

From around 2008, the Defendant: (a) around 2008, indicated the victim’s age at the time of the instant crime in the indictment; (b) however, on the second trial date, the prosecutor applied for the amendment of the indictment with the date and time of the instant crime from May 15, 2016 to “ May 25, 2015”; (c) the Defendant and the defense counsel consented to the amendment of the indictment by oral statement and approved the amendment of the indictment by this court; (d) the victim’s age at the time of the instant crime was corrected by ex officio from 14 to 13 years of age; (e) the victim’s age at the time of the instant crime was stated in the de facto marital relationship.

On May 25, 2015, from around 01:00 to 02:00 on the same day, the Defendant reported the victim who was suffering from snow in Seo-gu, Incheon, Seo-gu, Seo-gu, and was suffering from her eye with the view to having sexual intercourse with the victim by using the state of mental disorder of the victim.

Although the defendant tried to have sexual intercourse with the victim with the victim's her chest, the victim's panty and panty knife, off the victim's body, and up the victim's body, the victim was able to have sexual intercourse with the victim. However, the victim was unable to bring the victim's body into mind by hand with the victim's mind, "on the part of the defendant's body," "on the part of the victim's body," and "on the part of the defendant's body," and "on the part of the defendant's body, the victim did not come into her body."

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the defective condition of the victim, who is a child or juvenile, but in fact, the victim was only a person who was locked by the defendant, and was attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police victim made to B;

1. Each police station and each prosecutor's office's statement concerning D;

1. B written statements;

1. Investigation report (investigation of the victim's friendship), investigation report (Report of the victim's interview), investigation report (the suspect and the victim's mother, the abstract of resident registration and the binding of family relation certificate), and family relation certificate;