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

The Defendant, as a employee of C, was able to live in Pyeongtaek-si E stud 303 where the victim D (n, 17 years of age) was living in the above company.

At around 23:00 on November 17, 2013, the Defendant: (a) found the victim to have a defect in conversation as a matter of refund of the deposit set forth in E stud 303; and (b) took the victim to E stud 303 when drinking together with the victim; (c) on November 18, 2013, at around 01:30, when drinking together with the victim, the victim was under drinking together with the victim, the victim was unable to reach his body under the influence of alcohol; (d) went off the victim’s clothes with his or her sexual organ inserted into the part of the victim, and had sexual intercourse with the child or juvenile by using the victim’s refusal to resist.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the victim and F in the third protocol of interrogation of the accused in the police preparation on the accused;

1. Statement made by the police officer on the victim's statement;

1. The statement of F, G and victim in the statement of the F prepared by the police officer; and

1. Investigative report (information on analysis of monetary records) prepared by the police;

1. Entry into an investigation report (related to the binding of text messages sent by a suspect) and images (including accompanying documents) of police preparation;

1. Application of Acts and subordinate statutes to the written appraisal prepared by the National Research and Investigation Institute of Science and Technology, the legal genes, and the appraiserH;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act 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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and (4), subparagraph 2 (a) of Article 2 and Article 59 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Registered information.