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

On March 16, 2012, the Defendant came to talk with D, a juvenile who had been aware of the usual child, in front of C at the permanent residence of C around March 23:00, and started drinking with D, moving D, in order to drink the victim E (n, 15 years of age) who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

피고인은 2012. 3. 17. 01:30경 피해자가 술에 취하여 방에 누워 있는 것을 확인하고 피해자를 간음하기로 마음먹고, 같은 방에 있던 G에게 눈을 깜빡이면서 아이스크림을 사오라고 말하여 G에게 자신이 피해자와 성관계를 하려고 한다는 사실을 알게 하고, G로 하여금 D을 데리고 모텔방 밖으로 나가게 하였다.

The Defendant: (a) laid off the victim’s pansty, laid off the victim’s pansty, laid off the victim’s pansty, and inserted the Defendant’s sexual organ into the victim’s pansty in the victim’s sexual organ, where G was under the influence of burging the victim’s burging outside the telecom; and (b) confirmed the fact that the victim’s burgical part was committed so that the victim could not resist; and (c)

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's condition to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and G;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (such as photographs of criminal scene);

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 ( repeatedly considering the same circumstances as the above);

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

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Children or juveniles ordered to notify;