A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

From December 27, 2016 to February 2, 2017, the Defendant came into hedging (here, 16 years of age) with the victim who was a juvenile.

On June 12, 2017, while under the influence of alcohol around 22:55, the Defendant: (a) called the victim for a short-term motor vehicle; (b) continued refusal by the victim; (c) demanded that the victim continue to be “a short-term motor vehicle” by means of a text message and telephone; and (d) requested that the victim be “a short-term motor vehicle,” and subsequently, the victim was on the part of the victim’s house.

On June 13, 2017, from around 01:00 to around 02:00, the Defendant parked the franchising vehicle on the road located in Kimhae-si, Kim Jong-si, and tried to have a sexual intercourse with another victim's her body, but the victim refused it, frighting him/her into his/her seat, and resisted him/her with his/her hand, and tried to open several doors, and the Defendant: (a) opened the doors every time the damaged person opens the doors; and (b) opened the cell phone of the victimized person so that he/she may not receive continuous phone from the victim's family members; (c) prevented the victimized person from leaving the flachising the victim's load; and (d) inserted the victim's flachis into the part of the victim, and inserted the victim's flachis.

Accordingly, the defendant, by force, has sexual intercourse with a juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (Attachment of a medical certificate and stenographic records for video recording of victims) and each accompanying document;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (referring to attachment of a written diagnosis of a victim) and accompanying documents;

1. Article 7 (5) and (1) of the Act on the Protection of Juveniles from Sexual Abuse, which are applicable to the crime and Articles 7 (5) and (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. Children and juveniles attending lectures;