아동ㆍ청소년의성보호에관한법률위반(강간)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
At around 14:30 on April 15, 2018, the Defendant expressed that the victim D (the 17 years old at that time, the name, the b apartment at Changwon-si's window B, and the defendant's house room in Changwon-si, the victim tried to look back with the chest and the drinking part by putting the hand into the lyinger, the victim's clothes, and intending to talk with the victim, "the son is a woman-friendly Gu, and the son has a male-friendly Gu, so he does not perform his behavior." However, the Defendant continued to put his hand into the brogate, and tried to look back with the above drinking part.
As the victim refused to do so, the defendant ceased to stop his behavior with the victim, and the victim went to the ward, and even though the victim referred to as "do not refuse," the victim's arms are prevented from escape by one arms, and the victim was forced to set up "do not "do not," and forced the victim to frightly over his resistance, and forced off the victim's fright and panty as well as the victim's fright toward the defendant's bridge, and inserted the sexual flag several times by putting the victim's fright and panty into the defendant's bridge.
As a result, the defendant had sexual intercourse with a juvenile victim once by assault.
Summary of Evidence
1. Defendant's legal statement;
1. The statement made in D in video recording CDs;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes of photograph of contents of conversation divided by victim and suspect;
1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;
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. 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, Jan. 16, 2018);