A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Power] On September 24, 2020, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, injury, etc. at Suwon District Court on September 24, 202, and the judgment became final and conclusive on October 6, 2020.

【Criminal Facts】

The defendant is friendly with B (ma, 21 years of age), and the victim C (ma, 15 years of age) was married to a female-friendly ward and left there.

Around 20:00 on February 28, 2020, the Defendant received a request from B to “to have a sexual intercourse with DOOOOO located in the Nam-gu Incheon Metropolitan City, Seoul, for the victim’s residence,” and “to have a sexual intercourse with DOOOOO, if the Defendant wishes to stay in the house,” and then, the victim “to have a sexual intercourse with the head of the house for a long time,” and even though the victim did not refuse to do so, the victim again said that “I would have a sexual intercourse for a long time, I would have B have a sexual intercourse once again with the victim.”

Accordingly, the Defendant aided and abetted the victim to have sexual intercourse by taking advantage of the old state of the victim, who is a child or juvenile, at least 19 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The police protocol of the police suspect interrogation protocol C against B;

1. Previous convictions in judgment: References to criminal records, one copy of judgment, and one copy of case inquiry and application of Acts and subordinate statutes;

1. Article 8-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 32 (1) of the Criminal Act concerning criminal facts;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. The latter part of Article 37 of the Criminal Act, the latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the same Act concerning statutory mitigation following the treatment of concurrent crimes under the former part of Article 39 (1) of the same Act

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) does not have any history of being punished for sexual assault crimes in the past, and the defendant under the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.