미성년자의제강간
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
1. On May 2009, the Defendant: (a) was sexual intercourse with a female under the age of 13 with the victim E (the 10 years of age), who was discharged from the clothes of the Defendant, who was under the age of 13, on May 14, 2009, when the Defendant was sexual intercourse with the Defendant on May 14, 200, at the beginning of May 14, 200.
2. On May 2010, 2010, the Defendant: (a) was exempted from clothes with the victim E (the age of 11) and sexual intercourse with the victim on May 1, 2010 with a female under the age of 13 on the ground that the Defendant was sexual intercourse with the victim on May 1, 2010.
3. On July 2010, the Defendant had sexual intercourse with the victim E (the 12-year old age), who was off clothes from the Defendant’s home toilet located in Ansan-si, dong-si, A around 23:00, on July 23, 2010, and a female under 13 years of age, who was sexual intercourse with the first sexual intercourse with the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the suspect interrogation protocol of the accused by the prosecution;
1. Statement of the police suspect interrogation protocol against the accused;
1. Application of the Acts and subordinate statutes to each police statement made to E;
1. Article 305 and Article 297 of the Criminal Act regarding the crime at issue [However, the maximum imprisonment with prison labor shall be 15 years with prison labor prescribed in the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010);
2. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment determined for the crime of deemed rape of a minor referred to in paragraph (1) of the same Article, which is the most severe punishment);
3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
4. Order to complete a program under the main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
5. The Defendant under the proviso of Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who was exempt from an order to disclose information, was the first offender without any previous conviction; the Defendant was a minor of 15 to 16 years of age at the time of the instant crime; and the relationship with the victim and the circumstances of the instant case, etc., the Defendant is an unspecified person.