All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Although it can be sufficiently recognized that the defendant has sexual intercourse with the victim (the 13-year old age), the court below acquitted the defendant on this part of the charges by misunderstanding the fact as a result of rejecting the credibility of the victim's statement without any good reason.

The Defendant asserts that the sentence of imprisonment (two years of imprisonment with labor for a period of six months) imposed by the lower court is excessively unreasonable, and the prosecutor asserts that the sentence is too unjustifiable and unfair.

Judgment

사실오인 주장에 대한 판단 이 사건 공소사실 중 아동ㆍ청소년의성보호에관한법률위반(위계등간음)의 요지 피고인은 2011. 10. 31. 23:30경 창문으로 피해자의 방에 침입하여 피해자를 양손으로 꼼짝 못하게 꽉 끌어안은 채 상의와 반바지 및 속옷을 강제로 벗기고는 어깨를 눌러 이불 위에 눕히고 가슴과 음부를 손으로 만지며 입으로 빨다가, 피해자가 밀치자 “조용히 해, 가만히 있어”라고 겁을 주어 반항을 억압하면서 양팔을 눌러 움직이지 못하게 한 다음 자신의 성기를 피해자의 음부에 삽입하여 청소년인 피해자를 위력으로 1회 간음하였다.

After having sexual intercourse with the victim, the Defendant: (a) escaped from the victim’s kis door to the victim’s kis door; and (b) took the victim’s sexual organ into the victim’s kis door to the Istel located in Pyeongtaek-gun, Gangwon-do on November 1, 201, at around 00:45, the Defendant: (c) forced the victim to be off the victim’s door on the part of the victim’s 205 guest room; and (d) forced the victim to be off the victim’s door on the part of the victim’s body, even if the female continued to refuse to do so; and (e) forced the victim to take off his sexual organ into the part of the victim’s body so that they do not flow off his arms, and had sexual organ into the part of the victim’s body, and had sexual intercourse once with the victim’

The court below's summary of the judgment of the court below is limited to the victim at the investigative agency and the court of the court below.