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

The defendant is friendly with B, and the victim C (the victim 15 years of age, hereinafter referred to as "victim") was married to a female-friendly Gu in B and no place to live.

At around 20:00 on February 28, 2020, the Defendant asked the victim B, who was going to go to the residence of the Defendant, to “if the victim B wants to stay in the house, to have the sexual intercourse with the Ne woman-friendly Gu,” and the victim B made a sexual intercourse once with the victim by saying “the sexual intercourse with the head of the house, for a long time.”

Accordingly, the defendant who is 19 years of age or older has sexual intercourse with the victim by taking advantage of the old state of the victim who is 15 years of age or older.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the C’s written criminal investigation report (an investigation into the refusal of statements by a victim, an investigation into the identity of a suspect, and an investigation into the identity of a suspect);

1. Article 8-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

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

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

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

1. The main text of Articles 49(1) proviso and 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) does not have any history of having been punished as a sexual crime in the past, and it is difficult to readily conclude that the Defendant has a risk of recidivism against the Defendant in light of the circumstances leading up to the instant crime, etc., such as suspension of the execution of imprisonment with labor, registration of personal information, taking lectures in the sexual assault therapy course, employment restriction order, etc. It appears that the effect of preventing recidivism by the Defendant is likely to occur even through the Defendant’s age, character and conduct, method of committing the crime, and consequence thereof.