A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On December 26, 2016, at around 01:00, the Defendant, at the residence of the Defendant, who was located in Heung-gu building 206, had 5 alcohol, including children and juveniles E (F), and had the victim under the influence of alcohol, left home with only the victim who was able to engage in other behaviors, and had the victim left home with the victim who was able to do so.

At around 03:00 on the same day, the Defendant exceeded the victim’s panty and panty in the foregoing place, exceeded her clothes, and she inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

Summary of Evidence

Application of Acts and subordinate statutes to the prosecutor's office's report G on the defendant's legal statement E, police's statement E, stenographic record 112 report and reply to the request for appraisal, the victim's photo and diagnosis report requested by the defendant.

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The grounds for sentencing that are favorable among the grounds for sentencing).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

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

5. A child exempted from an disclosure order or notification order may have the effect of preventing re-offending even with the fact that the defendant has no record of punishment for a sexual crime, the registration of personal information of the defendant against him/her, and the lectures in treatment of sexual assault, under the proviso to Article 49 (1) or Article 50 (1) (proviso) of the Act on the Protection of Juveniles against Sexual Abuse;

The defendant's age, occupation, family environment, social relationship, method and result of the crime, preventive effect expected by the disclosure order or notification order, disadvantage and anticipated side effects of the defendant, protection of the victim, etc. shall be comprehensively taken into account.