A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

Around 06:00 on August 5, 2012, the Defendant, at the second floor in Geumcheon-gu Seoul Metropolitan Government, engaged in the business of drinking and drinking together with the victim D (n, 15 years of age) who is a child or juvenile with the Defendant’s sexual organ inserted the Defendant’s sexual organ into the part of the victim’s drinking and making it impossible for the Defendant to drive the victim by laying the victim’s arms on the bed, placing the victim’s arms on the bed, leaving the victim’s panty, and leaving the victim’s panty, regardless of the victim’s refusal, had sexual intercourse with the victim, who is a child or juvenile with the Defendant’s ability to resist by drinking.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Two CDs (D), protocol-Stenographic records (D);

1. The application of Acts and subordinate statutes on investigation reports (related to response to requests for appraisal by the State and the appraisal);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Articles 38(1) proviso and 38-2(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (this case is hard to readily conclude that a defendant has sexual intercourse with a victim who has not been convicted of a sex offense, and that the defendant has sexual intercourse with the victim who has drinking together, and that there is a special circumstance that the defendant shall not disclose or notify the personal information of the defendant in light of the fact that he/she is highly likely to have a ties between his/her family at the age of 23 and his/her young age, etc., and that he/she shall not disclose or notify the personal information of the facts charged) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a conviction against the sex offense of this case, which is a child or juvenile, becomes final and conclusive)

1. The scope of punishment by law: Imprisonment for two years; and