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

On July 17, 2013, at around 01:30, the Defendant: (a) discovered the cause of the victim through the window of the above house and decided to have sexual intercourse with the victim, who was in front of the house of the victim D (at the age of 14) located in 102 dong 106, Jeonju-gun, Jeonju-gun, North Korea.

1. 아동ㆍ청소년의성보호에관한법률위반(위계등간음) 피고인은 위 일시 위 집 베란다 창문을 통해 거실 안까지 들어가 그곳에서 잠을 자고 있던 피해자의 상의를 들추다가 피해자가 잠에서 깨어나자 자신의 입술에 손가락을 대고 ‘쉿’이라고 하면서 피해자에게 조용히 하라는 취지로 말하는 등 피해자를 위협하였다.

The defendant continued to talk with his clothes, cut off the victim's chest and her clothes, putting his fingers into the victim's sexual organ, putting his fingers into the victim's sexual organ in the victim's sexual organ at the victim's drafting to make the victim prompt, and intending to have sexual intercourse with the victim's sexual organ inserted into the victim's sexual organ at the victim's sexual organ but not becoming an origin.

Accordingly, the defendant tried to have sexual intercourse with a juvenile who is a juvenile by force.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "Camera") committed an indecent act against the victim at the time and place set forth in paragraph (1), was marked with a cell phone camera (No. 1) and a photo of the victim.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Protocol of seizure and photograph of articles seized;

1. A written request for appraisal, a written report and an appraisal;

1. The seized mobile phone;

1. Application of each investigation report (referring to a victim's photograph stored in a smartphone or a victim's bridge stored in a A smartphone);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;