A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for five years.

Criminal facts

On September 21, 2014, the Defendant, at around 02:00 on September 21, 2014, expressed that “The Defendant would give 150,000 won to a sexual intercourse with the victim D (influence, 14 years old) and carried out hosting with the cell phone “C” at an influence place.” In response to the request, the Defendant was willing to assault and rape the victim.

At around 02:25 on the same day, the Defendant saw the victim in front of the Fel basin 1 located in the Daegu Suwon-gu E, and 03:00 on the same day following the day, the Defendant saw the victim into the telecom, and saw the victim into a rare place near the H located in the Daegu Seo-gu, Suwon-gu, Daegu, at around 03:00 on the same day, and took one Handphone (threegal gallonland 1) at the market price of which the victim was in his hand to prevent the victim from filing a report.

Since then, when the defendant gets off the victim's name, frightened the victim's resistance, frightened the victim's face, cut off all clothes, and fright the victim's sexual organ. However, the victim's refusal to do so, frighten the victim's head, forced the victim to put the victim's sexual organ immediately, forced the victim to put the victim into the defendant's sexual organ, and sexual intercourse once again on the top, after putting the victim on the top of frighten.

Accordingly, the Defendant raped the victim.

[Judgment of the court below] The court below erred by misapprehending the legal principles as to a person under 19 years of age as stated in the above facts of crime, and thereby exceeding the bounds of the legal principles as to a person under 19 years of age. The court below erred by misapprehending the legal principles as to a person under 19 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police statement concerning D;

1. Each investigation report (CCTV investigation, specific developments of the suspect, the details of the collection of physical dust, and copies of requests for genetic appraisal, the detection of the suspect A's DNA in the appraisal physical dust and the reporting by telephone to the person in charge of appraisal by the State and the Fisheries Science Research Institute) and by the State.