Defendant

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

However, with respect to Defendant A, the same shall be three years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

A is the third grade of H middle school, and I is the second grade of the same middle school, and the victim J (12) year of the same middle school is the first grade of the same middle school, respectively.

Defendant

A, on March 2015, in the middle of K in Incheon, had the victim enter the gymnasium of H middle school located in K in Nam-gu, Incheon, and caused the victim to commit a sexual indecent act without putting the sexual flag into the gymnas warehouse of the gymnasium.

Defendant

A laid off a victim's sexual organ on the floor of the room where the victim was deprived of the victim's sexual organ, forced the victim to be exempted from the victim's inner organ, and forced the victim to look at a dynamic image with sexual intercourse between men and women (hereinafter "obscenity video"). I put the victim's arms so that the victim cannot move in, forced the victim's resistance against the victim, and the defendant A committed an indecent act against the victim in such a way as to cover the victim's sexual organ over the victim's sexual organ and to cover the victim's sexual organ by hand.

Accordingly, the defendant A committed an indecent act by force against the victim under 13 years of age in collusion with I.

Summary of Evidence (Defendant A)

1. Statement by the defendant in court;

1. Each legal statement of the witness J (victim), L and M;

1. Application of Acts and subordinate statutes on police statements made to N and I (Defendant A);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (The following favorable circumstances shall be considered among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, 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. Grounds for sentencing (where a defendant is a child or juvenile, the relevant case) 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 (where such defendant is a child or juvenile), exempted from an order to disclose and notify such information;

1. Legal provisions;