A defendant shall be punished by imprisonment for not less than one year and six months.

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

At around 05:00 on November 25, 2012, the Defendant, along with the victim D(n, 16 years of age) and 2 persons working at the Nam-gu Busan Metropolitan City cel on 206, performed drinking, and reported the breath who was divingd from the room floor with the victim, and reported the breath of the victim's chest who was under the influence of failing to resist, and collected the breath in the direction of the victim.

As a result, the defendant puts the sexual organ into the mouth of the victim who is a child or juvenile by taking advantage of the state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Article 7 (4) and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered for favorable reasons among the following reasons for sentencing):

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Grounds for sentencing under the main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for not more than one year and six months - 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Type of a sex crime group, crime of indecent act by compulsion (subject to at least 13 years of age) and type 2;

(b) Persons who are to be mitigated by special persons: No person shall be punished;

(c) Persons to be mitigated by general talented persons: Where they are committing a crime against juveniles;

(d) 1 year and six months of imprisonment, 3 years of imprisonment (general mitigation areas);

3. Whether to suspend the execution;

(a) positive reasons for major participation: A person who is not subject to punishment;

(b) positive reasons for general participation: A person who has no criminal record of the same kind and no criminal record of the suspension of execution, distinct social relationship, contingent crimes, or serious reflect;

4. Determination of sentence: Imprisonment with prison labor for a year and six months, and three years suspended execution shall be rendered by the defendant, taking advantage of the victim who is a female child or juvenile, is unable to resist;