A defendant shall be punished by imprisonment for two years.

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

Criminal facts

1. 미성년자의제강제추행 피고인은 2014. 3. 24. 15:00경 가출한 피해자 C(여, 12세)이 인터넷 채팅 애플리케이션 ‘즐톡’에 ‘가출했다, 재워달라’는 글을 올린 것을 보고 피해자에게 말을 걸어 만나기로 약속한 후, 같은 날 16:00경 광양시 D에 있는 E PC방 앞 노상에서 피해자를 만났다.

From around that time, the Defendant: (a) was carrying the victim while driving a net and Gwangju Wol while getting the victim into the head of the Defendant’s MTA car; (b) around 19:00 on the same day, the Defendant prompted the victim to enter the victim’s sexual organ in the vicinity of the 19:00 Yacheon-si, and (c) at the point where the fright station for boarding the Southern Highway was past, the Defendant was driving the victim while driving the motor vehicle on the side along the victim’s breast.

Accordingly, the defendant committed indecent act against the victim under 13 years of age.

2. The Defendant, as stated in paragraph 1, went the victim on board a vehicle on March 25, 2014 when: (a) around 01:0 on March 25, 201; (b) took the Defendant’s house located in the F, 502 Dong 408; (c) took a shower with the victim; and (d) had sexual intercourse twice with the victim.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

Summary of Evidence

Defendant’s partial statement

Article 305 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as the "Act on the Protection of Juveniles against Sexual Abuse"), Article 305 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 21 (2) of the Act on the Protection of Children against Sexual Abuse (hereinafter referred to as the "Act on the Protection of Juveniles against Sexual Abuse"), Article 21 (2) of the Act on the Protection of Children against Sexual Abuse, Article 21 (2) of the Act on the Protection of Children against Sexual Abuse, Article 21 (2) of the Act on the Protection of Children against Sexual Abuse, Article 37 of the Criminal Act on the Punishment of Concurrent Crimes, Article 305 and Article 297 (Rape of Minor) of the Criminal Code, Article 37 of the Criminal Code on the Punishment of Concurrent Crimes, Article 38 (1) 2 of the Criminal Code, Article