성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
Defendant
On April 21, 2011, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") had sexual intercourse with the victim F (or 14 years of age) of E Apartment 403 601 at the defendant's home, and had the victim under the influence of alcohol after drinking alcohol with the victim F (or 14 years of age), and had the victim forced sexual intercourse with the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Witness F;
1. The police statement of the victim F;
1. An abstract of resident registration;
1. Counseling certificates, psychological evaluation reports, and tea reproductions of both weeks of public health centers;
1. Application of the Act and subordinate statutes to an investigation report (referring to the submission of an investigation report on student cases by G)
1. Article 5(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 299 of the Criminal Act concerning criminal facts
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, December 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse.
4. Article 38 of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);
5. Determination on the assertion by the Defendant and his/her defense counsel under Article 38-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012)
1. The summary of the argument is only a fact that the defendant has a drinking with the victim on April 24, 201, and there is no sexual intercourse with the victim as stated in the criminal facts in the judgment of the defendant.
2. The following circumstances acknowledged by each evidence duly adopted and investigated by this Court, i.e., the victim was receiving sex education at school.