A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On June 29, 2020, the Defendant, who was aware of the fact that the victim E (a) was a middle student of less than 16 years of age, was a minor under 16 years of age, was inserted into the victim’s sound book, even though the Defendant was aware of the fact that the victim E (a person under 13 years of age) was a middle student at the lower seat of the passenger car owned by the Defendant, which was parked in B in Yangyang-si, Yangyang-si, Yangyang-si, 202.

Accordingly, the defendant has sexual intercourse with the victim between 13 and 16 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of E;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure (Attachment of a victim's photograph), four copies of the victim's photograph, report on investigation (such as the result of a request for appraisal), report on the results of appraisal (suspension of inside a vehicle), reply on the results of appraisal (emergency report on sexual assault), and reply on the results of appraisal;

1. Articles 305 (2) and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) 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. 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 fact that the defendant has no record of being punished as a sexual assault, the fact that the defendant's registration of personal information against the defendant and taking lectures in sexual assault treatment can prevent recidivism by the defendant; the defendant's age, occupation, social relationship, the details and circumstances of the crime of this case; the method and consequence of the crime of this case; other benefits expected due to an order to disclose or give notice, the effect of preventing a crime, and adverse effects and expected side effects of the order) are comprehensively taken into account;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;