A defendant shall be punished by imprisonment for two years.

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 August 20, 2017, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (voluntary indecent act) committed an indecent act against a juvenile by forcing the victim, who was a juvenile, by covering the Defendant’s remaining bank on the kne kne side of the victim D (n, 16 years of age) on the car page located in Suwon-si, Suwon-si, Suwon-si, and committing an indecent act by forcing the victim to enter the victim’s hand.

2. On October 24, 2017, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (rape) 20:30 on Oct. 24, 2017, the Defendant exceeded panty and panty of the victim, and kis the victim’s chest and panty, with the Defendant’s hand, laid off the victim’s chest and panty, and laid down the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the Defendant, as seen above, had sexual intercourse with the victim who is a juvenile by taking advantage of the mental or physical loss of a person or the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The victim’s statement CD;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on the Protection of Juveniles against Sexual Abuse, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (Compulsory Indecent Acts, Selection of Imprisonment), Article 7(4) and (1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the occupation of quasi-rape and the choice of organic imprisonment) concerning criminal facts;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed for a violation of the Act on the Protection of Juveniles from Sexual Abuse, of which punishment is heavier, shall be aggravated);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. The proviso of Article 49 (1) of the Act on the Protection of Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;