A defendant shall be punished by imprisonment for not less than two years and six months.

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 November 2, 2019, the Defendant 17:20 on November 2, 2019, entered the “C” with the victim D (Inn, 16 years of age) in the Yeongdeungpo-gu Ba-gu B 2nd floor “C” with the victim D, and more the victim spanty and panty spanty spanty spanty spanty spans, and kept the victim’s sound part.

As a result, the defendant used the victim's failure to resist, thereby putting the victim's fingers into the victim's sexual intercourse and committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

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

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) appears to have the effect of preventing recidivism by taking part in the registration of personal information and taking part in sexual assault treatment

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, the Defendant is a primary offender; the Defendant’s age, family environment and social relationship; the details and motive of the crime; and the crime.