미성년자의제강간등
A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
[2017 Gohap 77]
1. On July 2016, the Defendant: (a) exchanged the first contact with the victim D (the age of 12) with a minor under the age of 13 via “C”, a smartphone-based fluor; and (b) intended to engage in a sexual intercourse with the victim by directly communicating the victim.
On August 2016, the Defendant exceeded the victim's lower part of the emergency stairs of apartment buildings in which the victim resides in E in Namyang-si, Namyang-si, 2016, and put his finger into the victim's negative part, and inserted his sexual organ into the victim's negative part.
Accordingly, the defendant raped a minor under the age of 13.
[2017 Gohap 157]
2. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) at around August 20, 2016, and around that time, given and received the victim F (V, 14 years of age) and message, etc. (hereinafter “Korea Shyerger”) that he/she came to know through a smartphone display.
Doz. Doz.
“Around 22:00 on the same day, when the victim met with the victim first at the victim’s house located in Guri-si G around 22:00, the victim was aware that he/she was a middle student, who was aware of the fact that he/she was a middle student, and had the victim, who was drunkly drinking with the victim, lost his/her awareness, was off his/her clothes, and had sexual intercourse once with the victim, from 01:00 on the following day.
As a result, the defendant had sexual intercourse with the victim in the indictment of the victim's mental and physical loss, which is a child or juvenile, "the state of mental and physical loss or impossibility of resistance".
In the record, "non-fluence" means a case where psychological or physical resistance is not possible due to reasons other than loss of mind and body, and if the victim was under influence of alcohol, it constitutes a mental or physical loss, and if the victim was unable to resist (see Supreme Court Decisions 76Do3673, Dec. 14, 1976; 2001Do3490, Sept. 14, 2001; 2001Do3490, Sept. 14, 2001).
The defendant and his defense counsel are recorded.