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

From April 12, 2014 to 07:50 on April 12, 2014, the Defendant: (a) made soup Doesa in Kimhae-si, where the victim E (the 16-year-old age) was locked, and (b) made soup using the fry that people do not see; and (c) took part in the victim’s chest and her chest, such as the victim’s chest and her tur, and her part, and inserted the victim’s chest into several fingers on the victim’s chest and her back, etc.; and (d) continued walking the victim’s her chest by continuing walking the victim’s her face, and inserted the victim’s finger at the victim’s panty; and (d) inserted the victim’s finger.

Accordingly, the Defendant committed similar rape, such as putting the fingers of the victim, who is a juvenile who has failed to resist due to her potential to resist, into the sexual flag of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. CCTV images;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation 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. Reasons for sentencing under the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Non-application of the sentencing criteria because it is under 19 years of age at the time of institution of public prosecution without applying the sentencing criteria;

2. Determination of sentence: Imprisonment with prison labor for three years and suspended execution for four years; the crime of this case committed by the defendant in this case was committed by the indecent act and the similarity act, and the crime of this case was committed soup by the defendant, and the crime of this case was committed in light of the place of the crime, the degree of indecent act, etc.; in particular, the defendant committed the crime of this case even though he was subjected to juvenile protective disposition due to sexual intercourse from the elevator in 2012 while he was enrolled in high school, he committed the crime of this case, and the victim is only 16 years of age.