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

Punishment of the crime

From the end of May 2, 2012 to June 30, 2012, the Defendant operated a business place of similarity with the trade name of Gyeyang-gu, Gyeyang-gu, Hongyang-gu. The victim D (n, 15 years of age) worked as an employee at the above business place from June 22, 2012 to June 30, 2012.

At around 05:30 on June 30, 2012, the Defendant: (a) reported the victim’s business completion and her being married; (b) taken the victim’s arms on the bend, opened the victim’s body on the bend; (c) forced the victim’s body so that the victim may not resist; and (d) forced the victim to resist; (c) took off the victim’s clothes, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 297 of the Criminal Act applicable to the crimes;

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. A person who committed a sex offense against a child or juvenile under Article 2 subparagraph 2 (c) of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to a person who commits a crime under Articles 297 through 301, 301-2, 302, 303, 305, and 339 of the Criminal Act against a child or juvenile regardless of whether the person subject to a sex offense is a child or juvenile (see, e.g., Supreme Court Decision 2011Do8163, Dec. 8, 201). Thus, a person who completed a program refers to a person who commits a crime under Articles 297 through 301, 301-2, 3

The same shall also apply to an order to disclose and notify.

The main sentence of Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The main sentence of Article 38 (1) 1 and Article 38 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 38-2 (1) 1 and 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;