A defendant shall be punished by imprisonment for not less than one year 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

around August 2018, the Defendant came to know of the victim C (n, 12 years of age) through the “B”, a mobile-making app, and went to death from September 2, 2018 to January 2019.

1. On November 23, 2018, the Defendant demanded the victim to have sexual intercourse at the inside of the defendant's house located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and exceeded the clothes of the victim, and inserted his/her sexual organ into the negative part of the victim's body who was removed from the victim's body.

2. From November 2018 to December 12, 2018, the Defendant demanded the victim to have sexual intercourse in a guest room in Seocho-gu Seoul Seocho-gu Seoul Metropolitan City Est hotel and inserted the sexual flag into the negative part of the victim’s body.

3. On January 1, 2019, the Defendant demanded the victim to have sexual intercourse at the felum room in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City Felel, and inserted his sexual organ into the negative part of the victim’s body.

Accordingly, the defendant has sexual intercourse with a minor victim under the age of 13 over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. C’s statement;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of addition to the date and time of damage to the victim, the investigation by a witness G phone, the investigation by the counter party to the E hotel, and the detailed details of the crime), and the details

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal 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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is a risk of recidivism or recidivism of sexual assault against the accused who is exempted from an order of disclosure and notification due to the lack of criminal records of the same kind under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse