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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A similar rape of a minor;
A. On June 17, 2015, the Defendant: (a) exceeded the victim E (one’s name, 12 years of age)’s panty and panty in a singing room located in Hong-gun Hong-gun, Chungcheongnam-gun, Hongsung on June 17, 2015; and (b) met the victim’s sexual organ by hand; (c) as soon as possible, entered the victim’s sexual organ by inserting the Defendant’s sexual organ into the victim’s entrance; and (d) made the victim prompt.
B. At around 17:00 on July 1, 2015, the Defendant exceeded the victim’s will and panty in the instant singing room, and opened the victim’s sexual organ in hand, as soon as possible, and made the victim enter the victim’s sexual organ as soon as possible.
In this respect, the defendant, who was under 13 years of age, was raped by inserting sexual organ inside the mouth.
2. A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production and distribution of obscene materials) was transmitted to the above E, on June 16, 2015, by the male and female children stored in the Defendant’s house located in the Chungcheong budget-gun F through smartphone apps, etc. from around 22:46, to the above E mobile phone from around the above day to July 20:13, 2015, along with the pictures of the male and female children stored in the Defendant’s house located in the Chungcheong budget-gun.
Accordingly, the Defendant distributed and provided obscene materials for use by children and juveniles.
3. No person who has violated the Child Uniforms Act (sexual harassment, etc. against a child) shall have a child engage in obscene acts or arranging such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child;
Nevertheless, at around 17:18 on June 13, 2015, the Defendant taken the victim E in a smartphone and sent the victim’s sexual organ to the victim E at the above Defendant’s home, and the Defendant taken the victim’s sexual picture over 22 times in total from around the above day to July 16:34, 2015.