미성년자의제강간
A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.
Sexual assault, 40 hours against the defendant.
Punishment of the crime
The Defendant was aware of in the course of hosting with the sign "victim B (a person, a woman, 11)" and "Poomer".
At around 13:00 on July 20, 2019, the Defendant knew that he was a minor under the age of 13 while attending elementary school in the sixth grade, and even at around 13:00 on July 20, 2019, the Defendant laid down the Defendant’s sexual organ into the sound part of the victim’s body.
Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The provisions of statutes governing the statement made by the victim, the stenographic records, the contents of the Kakao conversation divided by the victim with a third party, and photographs field;
1. Articles 305 and 297 of the Criminal Act applicable to the crimes;
1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);
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. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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, who are exempted from disclosure and notification orders, are deemed to have no criminal history against the defendant, and the effect of preventing recidivism can also be expected even with the sentence of imprisonment to the defendant and the execution of the sentence, order to complete sexual assault treatment programs, and registration of personal information. In addition, in light of the defendant's age, family environment, social relative relationship, risk of recidivism, background of the crime in this case, process of the crime, disclosure and notification orders, there are special circumstances in which the defendant may not disclose and notify personal information to the public.
1. An order to restrict employment;