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 December 7, 2017, the Defendant: (a) committed sexual intercourse with the victim B (the 12 years of age) who came to know that he/she was attending the Taekwondo Institute together; (b) committed sexual intercourse with the victim on December 7, 2017, and (c) committed sexual intercourse with the victim under the age of 13 over four times, as described in the list of crimes, with the Defendant, in the “Dsing room” located in Gangseo-si, Gangnam-si, the Defendant left the victim’s cry with the victim while singing together with the victim; and (b) laid off the registered sea of the Defendant, he/she cryed in advance, and laid off the victim’s cry, and inserted the Defendant’s sexual organ into the part of the victim’s cry, from that time to June 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs or stenographic records of the damaged statement;

1. An expert opinion on sexual assault cases against children or women with disabilities;

1. Application of the certified copy of resident registration and family relation certificate statutes;

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the heavy penalty for concurrent crimes prescribed in the crime of deemed rape of a minor who was a policeman on June 2018) among concurrent crimes;

1. Article 62 of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances among the reasons for sentencing below);

1. The reason for sentencing under Article 21(2) main text and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the defendant is starting up committing the instant crime, and the defendant has developed into a relationship with the victim for several months, and it seems that he/she has reached a sex relationship. The defendant is a juvenile under 17 years of age and 18 years of age at the time of committing the instant crime.

On the other hand, the crime of this case is a crime that the defendant has sexual intercourse with the victim under the age of 13 who was sexually familiar.