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

1. On January 18, 2018, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) committed sexual intercourse with the victim C (the 17-year-old-old-old-dong) who was present in the alcohol house located in the new town in Gwangju North-gu, Gwangju, and drinking alcohol, moving the victim into the Eel 512 heading room located in Gwangju Northern-gu, with no awareness of being drunk, in order to have sexual intercourse with the victim who is enjoying a breath in the breath without awareness of being drunk, exceeded the clothes of the victim and panty panty, and inserted his/her sexual organ into the sexual organ of the victim.

Accordingly, the Defendant, under the influence of alcohol, raped the victim who is a child or juvenile by taking advantage of the victim’s non-competence condition.

2. On January 16, 2018, around 10:24, the Defendant posted an online website “sale of mobile phones” to the victim F who expressed his/her intent to purchase the mobile phone, thereby making a false statement as if he/she sold the mobile phone.

However, the defendant did not have the intention or ability to sell mobile phones.

Accordingly, the defendant deceivings the victim and received 180,000 won from the victim to the Gwangju bank account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes on the screen of transfer receipts and cellular phone screen pictures;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of juvenile quasi-rape and the choice of organic imprisonment) and Article 347 (1) of the Criminal Act (the fraud point and the choice of imprisonment) concerning the crime;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) Articles 37 (former part), 38 (1) 2 and 50 (Article 50) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 of the Criminal Act: