아동ㆍ청소년의성보호에관한법률위반(준강간등)
A defendant shall be punished by imprisonment for not less than two years 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
On June 29, 2014, at around 03:25, the Defendant returned home to Korea with the victim D (the victim D, 17 years of age) and other behaviors, and the victim was under influence of alcohol and had sexual intercourse once with the other female.
Accordingly, the defendant, who is a child or juvenile, has sexual intercourse with the victim by taking advantage of the state of disability.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Reasons for sentencing of the defendant's personal information shall not be disclosed or notified in full view of the circumstances favorable to the reasons for sentencing under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the defendant has no record of sex offense, etc.) and the circumstances leading to the crime of this case, etc., it is difficult to deem that the defendant is highly likely to recommit a sexual crime in light of the circumstances favorable to the reasons for sentencing under the following circumstances, such as the defendant's absence of record of sex offense, and the profits
1. Imprisonment with prison labor for a period of two years and six months to fifteen years;
2. Determination of the scope of recommendations - Sexual crimes, general standards, rapes (at least 13 years of age), and Type 2 (Rape/special rapes, such as rape/residential intrusion by relatives relations), are included in Category 2.
Special prisons - mitigated factors: - general prisons who are not punishable.