A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On November 24, 2016, at around 00:00 on November 24, 2016, the Defendant: (a) placed the victim D (one, the name, the age of 16) and alcohol on the side of the building C located in Siljin-si B in order to get the victim to hold the office after drinking the victim; (b) placed the victim inside the above garage; (c) placed the victim with his own car fit for the victim; and (d) placed the part of the victim with his hand on the part of the victim, and (e) put the panty and the clothes in which the victim was suffering.

The Defendant continued to commit rape by putting the victim on a knife on a knife, even though the victim was sealed by his/her hands while stating that he/she was not the victim, she was placed on the knife, boomed the victim’s body, divided the victim’s body by his/her body so as to prevent the victim from resisting, and inserting the Defendant’s sexual organ into the victim’s sexual organ, thereby committing rape once.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of each police protocol of statement to D (alias), E, and F;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a child or juvenile) exempted from an order of disclosure and notification;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018).