A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2013. 5. 5. 03:00경 경기 성남시 중원구 E 소재 F 모텔 502호에서 인터넷 넥슨게임을 하면서 알게 된 피해자 G(여, 16세), H과 함께 소주 2병과 맥주 피처 2병을 피해자 등과 나누어 마신 후, 피해자가 술에 취하여 구토를 하려고 하자 피해자를 부축하여 화장실로 데리고 갔다.

The Defendant, while putting the victim under the Guto the body of the victim with earth and sand, was off the part of the victim, and was off the victim's body, and the victim stated, "ress and vegetables", for the same reason, exceeded the victim's lower part and panty, and exceeded the panty and panty.

The Defendant covered the victim who was living on the floor without a spirit after the Gu soil, and inserted his sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with the victim G by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police suspect interrogation protocol regarding G;

1. Application of Acts and subordinate statutes entered in the H’s statement;

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) on criminal facts; Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012)

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the grounds for affirming the sentencing below);

1. Article 62 (1) of the Criminal Act (contributing the reason for sentencing as follows)

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

1. The accused under the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is exempted from an order for disclosure or notification, shall be the accused under Articles 38 (1) 1 and 38-2 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;