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 July 2019, the Defendant became aware of the victim C (one-third years of age) who is a child or juvenile through a hosting app called “B,” and was given conversations with the victim as “D,” and received the victim’s chests, face pictures, etc. from the victim.

On August 3, 2019, at around 18:25, the Defendant: (a) heard the statement that “the Defendant will delete the pictures of the said victim on the face of the Defendant” at the front parking lot of the Y apartment-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; and (b) moved to the G neighboring road located in the Dong-gu, Chungcheongnam-gu, Yan-si; and (c) parked a motor vehicle.

At around 19:00 on the same day, the Defendant: (a) laid off the clothes of the victim fucks, such as bucks and bucks of the victim on his hand; (b) however, the victim refused to do so, and (c) laid off the victim’s clothes frighting to H, and inserted the victim’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of C and I;

1. A gene appraisal report and a response to each request for appraisal;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (emergency progress at the victim's J Center), investigation reports (receive with electronic appraisal reports);

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

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 (The following consideration shall be made again for the reason of sentencing);

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

1. The habit of sexual assault against the accused who is exempted from an order of disclosure and notification, due to lack of criminal records of the same kind of crime under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;