A defendant shall be punished by imprisonment for three years.

The request for attachment order against the requester for the attachment order shall be dismissed.

Punishment of the crime

[Criminal Justice] On July 16, 2004, the Daejeon High Court sentenced the Defendant to a suspended sentence of three years and six months on the grounds of a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.). On April 25, 2013, the Seoul High Court sentenced the Defendant to a suspended sentence of five years on the grounds of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and became final and conclusive on July 12, 2013.

【Criminal Facts】

At around 23:45 on September 21, 2008, the Defendant: (a) concealed the victim C (here, 18 years of age) who was returning to Korea on the front side of the “live resource” located in the Pakistan-Eup at Pakistan-si; (b) found the victim C (here, 18 years of age); (c) ambling the victim; and (d) ambling the victim following the victim; and (c) threatened the victim with the defect, “I am only when I want to live, I am only if I am, I am only if I am to do so, I am you am.” and forced the victim’s chest and forced her to live.

Then, the Defendant: (a) led the victim to the between the two parties; (b) exceeded the victim’s panty and the panty of the defendant’s sexual organ as soon as possible; and (c) collected the victim’s sexual organ into the victim’s sexual organ; and (d) had the victim sexual intercourse once with the victim.

Accordingly, the defendant raped a female juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to C by the police statement;

1. Requests for appraisal of DNA samples of a detained suspect, and descriptions in an appraisal report;

1. The point of previous records of judgment: Application of each Act or subordinate statute stated in criminal records and investigation reports (Binding of a copy of a ruling of the same kind of force);

1. Article 7(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009); Article 297 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012) on criminal facts

2. Statutory mitigation;