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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.
Reasons
Punishment of the crime
On August 12, 2017, at around 02:30 on the seventh floor of the Eel remodeling project site located in the Young-gu, Suwon-si, Suwon-si, the Defendant called “the victim F (the name, the 14-year age), friendships, and alcohols” around 05:40 on the same day.
The Defendant, who is a male of 178cm, had a body more than 18 meters old, and had a breath of alcohol, had a fluent victim, who was her body and had a breath of alcohol, moved his body to a dial place, and had a fluent sexual assault.
1. 아동 ㆍ 청소년 의성보호에 관한 법률위반( 위계 등 간 음) 피고인은 같은 날 06:00 경 피해자에게 “ 쉬었다 가자” 고 말하여 수원시 영통구 G에 있는 H 건물 내 3 층 비상계단으로 간 후, 갑자기 혀로 피해자의 귀를 핥고 손으로 피해자의 팔을 붙잡은 다음 피해자의 가슴과 음부를 만지고 “ 하지 말라” 고 말하면서 저항하는 피해자의 하의를 벗긴 후 피해자의 음부에 피고인의 성기를 삽입하여 간음하였다.
Accordingly, the defendant has sexual intercourse with a child victim by force.
2. From around 06:20 on the same day, the Defendant committed the act as described in paragraph 1 from the above emergency stairs to the outside of the building, and again discovered that he/she is still going to the outside of the building, and included his/her hand in the inside of the damaged, thereby committing an indecent act against the victim.
Accordingly, the defendant committed an indecent act against a child or juvenile by taking advantage of mental and physical loss, or impossibility of resistance.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of F, I, J, K, and L;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by the police against M;
1. Data on the analysis and response of the victim's emergency key evidence, data on response as a result of the request for appraisal of the victim's the body, and the images of the message to be exchanged between the victim and the male-friendly body;