A defendant shall be punished by imprisonment for not less than one year 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

On July 2019, the Defendant expressed an interest in sexual dialogue with the victim through the “Scaming App”, which was known to the Defendant in the course of online games called the victim B (name, leisure, 13 years of age) and C, and around July 2019, the Defendant expressed an interest in sexual dialogue, such as “The permanent domicile of the victim is no longer available to him/her,” and “C.”

The Defendant, as a juvenile under the age of 13, did not express his/her intention of refusal clearly in his/her sexual behavior and did not have sexual values and judgment ability to the extent that he/she can exercise his/her right to sexual self-determination properly, as a juvenile under the age of 13, he/she was aware of the fact that he/she did not have sexual values and judgment ability.

No person shall engage in sexual abuse, such as sexual harassment that causes a child to feel sexual humiliation.

1. On July 31, 2019, around 14:30 on July 31, 2019, the Defendant: (a) laid off the clothes from “F” studio, Seoul Jongno-gu, with the victim; and (b) had sexual intercourse with the victim.

2. At around 14:30 on September 1, 2019, the Defendant: (a) laid off his clothes from the victim; and (b) had sexual intercourse with the victim.

Accordingly, the defendant committed sexual abuse that causes sexual humiliation to the victim who is a child twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement stenographic records, a mobile phone appraisal report (the contents of the conversation submitted by the victim's referred to as "D"), the investigation report on the cell phone closure photograph (victim B (a false telephone conversation)

1. Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act, the choice of applicable laws and punishment for facts constituting an offense, and the choice of imprisonment;

1. Of concurrent offenders, the prosecutor of an order to attend a course under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and Article 62(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and an order to restrict employment under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is also seeking an employment restriction order under Article 29-