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

On December 2015, the Defendant became aware of the victim D (the age of 11) through the Internet game called "themep". The Defendant became aware of the victim D (the age of 11).

On January 15, 2016, around 10:30, the Defendant sent the victim to F, “F,” in front of the apartment settlement of the Daegu Suwon-gu E apartment complex. On January 15, 2016, the Defendant entered the front section of the above public toilets for women with disabilities in toilets in the above public toilets with the victim, put the victim into the front section of the victim, put the finger into the victim’s panty, cut the chest into the victim’s hand, putting the hand into the victim’s panty, and collected the finger into the victim’s quality, thereby causing damage to the victim’s treatment for the number of days.

Accordingly, the Defendant committed similar rape to a minor who is under 13 years of age, thereby causing injury to the minor.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records;

1. A letter of general diagnosis;

1. The defendant's defense counsel asserts that a considerable relation between the injury of this case and the defendant's act cannot be acknowledged in light of the fact that the defendant's defense counsel conducted a diagnosis of the injury of this case after about one month from the date of the crime of this case.

In light of the following circumstances, the victim stated that "I am in panty as I am in panty with the defendant, and we am in panty," and the defendant himself stated that "I am out of the victim's sound because I am in the victim's quality. I am out of the victim's sound (Evidence No. 302, 304 page)" (Evidence No. 302, 304 page), and there are no circumstances to suspect that the victim suffered the injury of this case due to other factors, not the defendant's act, from around that time, the victim suffered the injury of this case." In full view of the above, the victim's injury to the "more damage" of this case can be sufficiently recognized that it was caused by the crime of similar rape of the defendant.

Therefore, the above argument is without merit.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 305, 301, and 297-2 of the Criminal Act concerning the crime (opportune imprisonment).