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 four years from the date this judgment becomes final and conclusive.

Criminal facts

Around 23:00 on January 27, 2020, the Defendant exempted the victim’s clothes from the victim’s clothes while drinking alcohol, such as the victim C (one year old, 14), and resisted the Defendant by getting the victim not to speak, but resisting the Defendant as a consequence, the Defendant continued to talk the victim’s chest, put the Defendant’s finger into the part of the victim’s sound, and put the Defendant’s finger into the part of the victim’s sound.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. The application of Acts and subordinate statutes to report internal investigation and investigation;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment for a limited term concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

1. In light of the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (the defendant has no record of being punished for a sexual crime; the defendant's age, family environment, social relationship; etc.; the defendant's registration of personal information against the defendant; and participation in the treatment course of a sexual assault, etc. can be seen as having the effect of preventing re-offending; and the profits and the effect expected by the disclosure and notification order; the degree of disadvantage the defendant suffers from the disclosure and notification

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1738, Jun. 2, 2020).