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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.
Reasons
Punishment of the crime
The defendant is under the influence of the victim B (n't, family name, 14 years old) and the victim C (n't, family name, 13 years old).
The victims have no degree of disability but are juveniles with intellectual intelligence on the boundary line.
1. On December 17, 2017, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive means, etc.) against the victim B, drink F and alcohol from the victim, i.e., the victim, C and victims at the place of residence of the defendant under subparagraph (e) around the new wall, and drink the victim and continue to drink with the victim for himself/herself.
The victim's defect that the victim has disturbed drinking to the defendant, and the defendant said that "at the time when riding the boat, she is frighten", the victim's boat was frightened with the victim's hand, and frighted on the part of the victim's drinking, and frightened the finger on the part of the victim's drinking.
이에 피해자가 위 상황을 모면하기 위해 “잔다”고 말하면서 위 F 등이 자고 있는 방 안으로 들어가서 눕자 피고인은 뒤따라 들어가 피해자 옆에 누워서 손으로 피해자의 가슴을 만지고 손가락을 피해자의 음부에 집어넣은 다음, 피고인의 하의를 모두 벗고, 피해자의 옷을 벗긴 후 피해자의 가슴과 음부 등을 입으로 빨고, 피고인의 성기를 피해자의 음부에 갖다 댔다.
Accordingly, the Defendant committed the act of gathering part of body, such as fingers, into the sexual organ of the victim who is a child or juvenile, by deceptive means or by force.
2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims C, opened a boomer of the victim who is under the influence of alcohol at the same time and at the same place as the above paragraph (1), and opened a boomer of the victim, and laid down his hand over his hand within the part of the victim.
Accordingly, the defendant is unable to do so by taking advantage of the mental or physical condition of the victim.