A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who has been in an internal relationship between the victim C (n, 47 years of age) and about three years of age.

On April 15, 2017, at around 04:30, the Defendant: (a) on the road operated by the victim C, which is located in Young-si Suwon-si D on April 15, 2017, told the victim to have sexual intercourse with the other male; (b) decided to have sexual intercourse with the other male; and (c) decided to have the victim go through the car operated by the Defendant at the time of the Defendant’s driving.

At the entrance of the above Moel, the defendant saw the victim who is trying to get a taxi on the road, and brought the victim's hand who resisted to not enter the Moel, leading the victim, and moving the victim into the Mour number of the above Moel.

Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to C;

1. Investigation report (the investigation of H message stored in the suspect's mobile phone and CCTV images) 1. Application of Acts and subordinate statutes to report internal death (the developments of commencement of internal investigation);

1. Article 288 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Application of the sentencing criteria (a type of determination) in the event of kidnapping, attracting, or human trafficking, the second type (a person subject to special mitigation of punishment) [the scope of punishment] in the area of mitigation of punishment, 8 months to 2 years (the lowest limit of punishment recommended by the sentencing guidelines is lower than the lower limit of the range of the punishment in law, and the lower limit of the punishment shall be set at the lower limit of the punishment in law, on the grounds that the lower limit of the scope of punishment recommended by the sentencing guidelines is lower than the lower limit of the range of the punishment in law);

3. The defendant who has rendered a sentence of sentence shall be the victim who has been in an internal relationship with the intent of having the victim engage in sexual intercourse with the latter and has left the place of the latter.