A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On November 23, 2015, the Defendant: (a) frighten D and the victim E (n, 17 years of age) known in the roll game at D’s house located in Yangcheon-gu Seoul Metropolitan Government, Seoul, with a new wall D around November 23, 2015; and (b) frightened alcohol with the victim’s frighten D and the victim E (n, 17 years of age); (c) frightened the victim’s brightened by taking advantage of the state of resistance impossibility that the victim was able to sleep, and fright the victim’s brightened, cut down the bright by hand; and (d) frightened the victim’s brighten.

As a result, the defendant, who was under the influence of alcohol, committed similar acts to the victim by using the state of resistance impossibility of the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (the details stated in victim E);

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

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

1. Reasons for sentencing under Articles 49 (1) and 50 (1) (main sentence) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. Application of the sentencing criteria [the types] general criteria for sex offenses: Imprisonment with prison labor for not less than three years and not more than five years and not more than six months in the area of reduction [the area of recommendation] of the penalty non-members [the area of recommendation] reduction of punishment;

3. Determination of sentence: The crime of this case with a suspended sentence of three years shall be committed;