B Imprisonment with prison labor for a maximum of two years and for a short of one year and six months.

Defendant

B 40 hours’ sexual assault treatment program.

【2015 Gohap 69】

1. Defendant B, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) committed rape by inserting the Defendant’s sexual organ into the sexual organ at around 09:00 on August 23, 2014, at around 09:0, the Daejeon E-gu Building 401, which was under the influence of alcohol, was sexually imprisoned by inserting the Defendant’s sexual organ at around 16 years of age.

【2016 Gohap 3】

2. In around 02:00 on October 8, 2015, Defendant B, on the ground that he was able to take care of I before, was injured by the victim J (17 years of age) and Si expenses, on the ground that he was able to take care of I before, and was injured by the victim’s face at least 31 days of drinking.

Summary of Evidence

【2015 Gohap 69】

1. The defendant B's partial statement

1. Legal statement of the witness F, 2016 Gohap3

1. Defendant B’s legal statement

1. Each police questioning protocol to J and K;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of juvenile quasi-rape and the choice of organic imprisonment) and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) concerning the crime;

2. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 (Juveniles) of the Criminal Act, each of the legal mitigations;

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the extent that the punishment is aggregated with the punishment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is heavier, and the punishment for a violation of the aforesaid two crimes];

4. Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the mitigated amount.

5. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

6. Determination as to the assertion by Defendant B and his/her defense counsel under Article 21(2) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. In relation to the crime No. 1 of the facts stated in the summary of the argument, the victim had sexual intercourse with the victim at the time, but the victim was fright away from diving, and was the victim.