아동ㆍ청소년의성보호에관한법률위반(준강간)
Defendant shall be punished by imprisonment for not less than two years and six months.
To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.
Punishment of the crime
From the night of December 31, 2015 to the end of January 1, 2016, the Defendant d's studio in Yangsan-si D's studio in Yangsan-si, Yangsan-si, together with the victim E(V, 16 years of age) of his/her female-friendly job offers.
However, the Defendant, at around 07:00 on the same day, had sexual intercourse with the victim on one occasion by taking advantage of the victim's resistance impossible condition, who was under the influence of mathn alcohol.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and E;
1. Application of the statutes on response to requests for appraisal and response to requests for genetic appraisal;
1. Relevant Article 7 (4) and (1) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning facts constituting the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (i.e., the following circumstances recognized in the record; i.e., the Defendant has no record of punishment for a sex offense; ii) in the instant case where the Defendant is sentenced to imprisonment, registration of personal information, and completion of sexual assault treatment programs, which can prevent the Defendant from repeating the crime to a certain extent;
In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of re-offending, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances that may not disclose the Defendant’s personal information.
3) Determination of the argument of the defendant and defense counsel
1. The gist of the assertion lies in the fact that the Defendant has sexual intercourse with the victim, as stated in the facts charged of the instant case.