Text
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.
Reasons
Punishment of the crime
The Defendant and the victim C (the age of 15 at that time) were enrolled in the third grade of D middle school, and the same grade of the same school is a physician who is not well aware of it, except in the same grade of the D middle school. On June 6, 2013, around 01:00, the Defendant performed a game with the victim C and the Defendant’s leader F and G, who are the line of the victim and the Defendant’s leader at the defendant’s house located in the first floor of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, around 00.
The Defendant, F and G, by using the crepits outside of the influence of alcohol, prevented the victim from getting off or getting out of the body of the victim, forced his arms into his arms, forced the victim into his resistance, and sexual intercourse with the victim once.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. stenographic records in relation to C;
1. Each police statement made to H and G;
1. Application of Acts and subordinate statutes on written opinions of experts on sexual assault;
1. Article 7 of the Act on the Protection of Juveniles against Sexual Abuse and Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a period of time);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. 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 and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of the registered information may have a significant impact on the defendant, so prudentness is required to do so;
The crime of this case is not a sexual crime against many unspecified persons; the defendant has no same criminal record for the defendant; in the case of this case, the defendant has the effect of preventing recidivism of the defendant through the registration of personal information against the defendant and the completion of sexual assault treatment program.
In light of all circumstances, such as the defendant's age, sex, family environment, and social relationship, the effect of the prevention of sexual crimes, which can be achieved by the disclosure and notification order, is relatively less than the disadvantages and expected side effects that the defendant may suffer, due to the disclosure and notification order.