Defendant shall be punished by imprisonment with prison labor for two years and six months, and by imprisonment for two to four years, respectively.

Punishment of the crime

[Criminal Power] On May 18, 2007, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act, a deadly weapon, etc.), and the judgment on November 29, 2007 became final and conclusive.

【Criminal Facts】

1. On April 28, 2006, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape of Minors under the age of 13) committed one sexual intercourse by inserting the Defendant’s sexual organ into the victim D (the age of 8 at that time) who is pro-childed, in the Defendant’s residence located north-west C, who did not leave the Defendant around April 28, 2006 and did not enter the said date, with his hand over the victim’s resistance against the victim’s hand, suppressing the victim’s resistance by force, and forcing the victim’s resistance against the victim, and inserting it into the victim’s sexual organ by inserting the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant raped the victim under 13 years of age.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On January 201, the Defendant: (a) while driving a drinking alcohol driving at spring; (b) returned home to the Defendant’s residence located in the Ganbuk-gun; and (c) went off the said victim (hereinafter the said victim’s age of 13) by coercioning the victim’s seat; (d) forced the victim’s seat; and (e) forced the victim’s resistance; and (e) took the victim’s sexual organ into sexual intercourse once by inserting the victim’s sexual organ into the victim’s negative part.

B. On August 201, 201, the Defendant: (a) returned home to a school training session; (b) obstructed the victim’s resistance by leaving the victim in his/her hands; and (c) forced the victim to deviate from his/her sexual organ in his/her hands; and (d) allowed the victim to take off his/her sexual organ with his/her hand; and (c) inserted the Defendant’s sexual organ into the victim’s negative organ into the victim’s negative organ once.

Accordingly, the defendant raped the victim's kinship.

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