A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 16, 2017, at around 01:30, the Defendant exceeded the lower part of the victim E (18 years of age) under the influence of alcohol, knife the victim E (18 years of age), knife the victim’s sexual organ with knife, knife the victim’s sexual organ, knife the victim’s finger, knife the victim’s knife into the victim’s port, and knife the victim’s knife into the victim’s knife, and knife the victim’s knife

Therefore, the defendant, who is a juvenile, committed similar rape by taking advantage of the state of resistance impossibility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The risk of recidivism is high in light of the fact that the accused has no criminal record, the circumstances leading to the crime, and the circumstances after the crime, etc. under Articles 49 (1) (proviso) and 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order of disclosure and notification;

It is difficult to see that the defendant's personal information is registered and the order to take lectures in treating sexual assault is also effective to prevent recidivism. The reason for sentencing is that the disclosure or notification of the defendant's personal information should not be disclosed or notified in full view of the benefits and preventive effects expected from the disclosure or notification order, the disadvantages and side effects resulting therefrom, etc.

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Application of the sentencing guidelines [the types of decisions] The two types of crimes (special sentencing factors for juvenile similar rape) (special sentencing factors) shall apply to the crimes of rape (the persons subject to at least 13 years of age). The mitigated range of punishment [the scope of recommendations] [the scope of punishment] mitigated range of punishment [the scope of recommendations] three years to five years.

3. Sentence;