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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is between the student and the juvenile victim C (n, 17 years of age) and the peace.

On December 9, 2014, the Defendant participated in an alternative school joint sports meeting held by the office of the Incheon Southern-gu Office of the People's Republic of Korea, and became the victim.

After the defendant suggested that the victim was able to return a taxi together with the victim, the defendant tried to see that he was able to drink if he was placed at the house of the defendant's home near the defendant's dwelling.

At around 13:00, the Defendant sent time to the victim, 105-dong 903 of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, for the victim to sleep, and the victim was willing to sleep at around 15:00, and the Defendant started to look back with the victim's body by enjoying knick back on the part of the victim's knick.

Therefore, despite the fact that the victim's body was rejected, the defendant did not resist the body of the victim, and even if the defendant was smelled, the defendant continued to unfold the body of the victim, put his hand into the victim's clothes and talked with the chest and the sound part of the breast. The defendant left the part in which the victim was suffering and panty as soon as he was frightd with the chest, and inserted her gender into the part of the victim's panty.

Accordingly, the Defendant committed rape against a juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the crime and Article 7 (5) and (1) of the same Act;

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 consideration shall be made again for the reason of sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. An order of disclosure; and