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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On June 27, 2012, the Defendant, near the D Elementary School located in Macheon-si, Spocheon-si, was able to perform alcohol together with the Defendant’s home located in Macheon-si F, 410 Dong 1406 (G apartment) from June 28, 2012, around 23:00 to Macheon-si F, 410 Dong 1406 (G apartment).
Defendant,
1. From June 28, 2012 to June 29, 2012, from around 23:00 to June 02:00, 2012, the Defendant’s house drinks alcohol with the victim, etc. at the Defendant’s house, with the victim’s alcohol, and, under the influence of alcohol, enter the victim’s sexual organ into the victim’s room with 5 residues in accordance with the victim’s 1 residues and scambling, and under the influence of alcohol, and decided to have sexual intercourse with the victim, who had been under the influence of alcohol. From around 02:00 on June 29, 2012 to around 03:00 on the same day, the Defendant was under the influence of alcohol, using the victim’s mental disorder or inability to resist the victim’s desire and panty, she was off from the victim’s body, and she was off from the victim’s sexual organ into the victim’s body, and her sexual organ into the victim’s own sexual organ.
2. On June 29, 2012, at around 04:20, the victim from a shoulder-site entered a way to follow the victim's body in order to sleep again. On the other hand, the victim was under the influence of alcohol or by taking advantage of the victim's mental disorder or failing to resist, left the victim's breast and panty with his/her finger and panty, etc., and committed an indecent act against the juvenile victim by inserting his/her fingers into the part of the victim's body.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to E, L, J, K, I, and H;
1. Application of the Acts and subordinate statutes governing the Red Sea Disaster;
1. Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act regarding criminal facts.