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.

Punishment of the crime

Around July 4, 2013, the Defendant and the victim D (the age of 16) came to know each other through Pestonbuk, and the Defendant sought to the F High School accompanying the victim in Yongsan-gu, Yongsan-gu, Busan on July 9, 2013, and then came to find the victim in the future in the above school, and then, the victim was "I go to our house and play at our house." The victim was 403 Do 902 of the former G building.

At around 10:00 on July 9, 2013, the Defendant: (a) laid the victim on the part of the defendant’s house, laid down the victim on the part of the defendant’s house, laid off the victim’s panty and panty; and (b) set up the victim’s panty and panty with the victim’s body “Ma...”

Accordingly, the Defendant assaulted the victim's body by force, so far as her body is so short that the victim's resistance is prevented, and exceeded the victim's panty and panty, and put the victim's fingers into the victim's sexual organ in the victim's sexual organ, and raped the victim by inserting the victim's sexual organ into the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the protocol of prosecutorial statement concerning D;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of a limited term of punishment for the crime;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing guidelines (determination of type), general standards, rape (subject to the age of 13 or more), and Type II (Juvenile Rape).