미성년자의제강간등
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
The Defendant resided in the victim's house located in D from September 2015 to November 2015 in order to work as the father of the victim C (n, 12 years of age) with his father of the victim C (n, 12 years of age), and had the victim be able to defend.
1. On October 2015, the Defendant: (a) around October 26, 2015, sexual intercourses with the victim over three occasions, such as the victim’s sexual intercourse in the sequence 1 to 3 of the attached list of crimes, by reporting the victim who takes part in the floor of the above house’s living room; (b) kiding the victim’s sexual intercourse with the victim on one occasion after he/she sawd out his/her sexual desire; and (c) having sexual intercourse with the victim on three occasions.
Accordingly, the defendant has sexual intercourse with a person under 13 years of age.
2. On February 2, 2016, the Defendant raped a minor on four occasions, such as the Defendant’s office located in the Defendant’s house located in E, which was off clothes with the victim, and having sexual intercourse once with the victim, at the Defendant’s office located in E, during the period of February 2016, and the Defendant had sexual intercourse with the victim four times, such as the Nos. 1, 2, 9, and 10 of the List of Crimes (2).
Accordingly, the defendant has sexual intercourse with a person under 13 years of age.
3. Around March 23, 2016, the Defendant taken pictures of the head of a sexual relationship with the victim by using his/her mobile phone without notifying the victim that he/she photographs the head of a sexual relationship with the victim at around 23:00 on March 3, 2016, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
Summary of Evidence
1. Statement by the defendant in court;
1. Afforestation stenographic records made in the integrated support center for victims of sexual assault against C;
1. Application of the report on results of digital evidence analysis and the Acts and subordinate statutes governing the restored photograph;
1. Relevant legal provisions of the Criminal Act, Articles 305 and 297 of the Criminal Act (the point of each minor’s constructive rape) regarding criminal facts, and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of a camera, etc.)