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

[Criminal Power] On December 14, 2017, the Defendant, at the Daegu High Court, sentenced two years of suspended sentence to one year of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and became final and conclusive on December 22, 2017.

【Criminal Facts】

On March 17, 2012, at around 02:00, the Defendant walked in front of the victim C (n, 15 years of age) in Daegu Suwon-gu B, and entered the house with the victim’s permission, and allowed the victim to talk with the South-wins and talks of the victim, and sent time to the victim tobacco out, and sent the victim tobacco out to the outside, sent the victim with the victim’s abundance with the victim’s abundance in the middle and near vicinity, and pushed the victim’s abundance to the wall, and put the victim’s own hand into the wall, put the victim’s entrance, put the victim’s hand into the part, put the victim’s hand into the part, and added the finger into the sound part.

Accordingly, the Defendant assaulted as above, thereby putting the victim's sexual intercourse into the victim's sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on investigation (in the case of CCTV analysis), investigation report (in the case of suspect), and investigation report;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same kind of records);

1. Article 7(2)2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) regarding criminal facts

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main text of Article 38(1) and the main text of Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012).