아동ㆍ청소년의성보호에관한법률위반(위계등간음)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
The Defendant became aware of the victim C (the age of 14 years) through the hosting site called “the night” of smartphone.
On May 26, 2013, the Defendant initially sent the victim a film of “seven-party gift” with the victim at a 9-day Em-dong-si Do-dong-si Do-dong-si Do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and caused the victim’s knee and knee-knee-vis. The Defendant was placed on the victim’s arms and put the victim on the floor against the victim’s will.
The defendant, while making kis, tried to put the victim in kis, by putting the victim's kis, into the victim's kis, and panty over the victim's inner panty and panty, and even when the victim took panty against the victim's will so that panty, the defendant forced the victim to leave the victim's inner panty and panty against the victim's will, and led the victim refusing to have sexual intercourse with the victim's force.
Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim once.
Summary of Evidence
1. Defendant's legal statement;
1. Recording records of the statement of the victim, diagnosis certificates, investigation reports (to be accompanied by the suspect smartphone site and suspect photographs), each photograph, investigation reports (on-site confirmation), and the application of the respective visual Acts and subordinate statutes;
1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts;
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 21 (2) and (3) of the aforementioned Act;
1. Reasons for sentencing [the scope of applicable sentences under law] under Article 38(1)1 and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(1)1 of the Act on the Lapse, etc. of Punishment, Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, from five to thirty years [the determination of a sentence]