A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

The defendant is a sexual assault treatment program for 80 hours.

Punishment of the crime

On August 18, 2013, the Defendant, at Sinpo City C, 103 Dong 602 (D apartment), had sexual intercourse once by inserting his sexual organ into the victim G (V, 17 years old), who is a child or juvenile who has lost the mind by drinking alcohol as the Defendant, and drinking together with drinking alcohol as the Defendant, at the home of the Defendant at Sinpo City, Sinpo City, 103 Dong 602 (D apartment).

As a result, the Defendant had sexual intercourse with the victim, who is a child or juvenile in a state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes to the prosecution and police statements concerning G;

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

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

1. Reasons for sentencing (the defendant is a child or juvenile, and thus the defendant is a child or juvenile) under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for one year and three months to seven years; and

2. Application of the sentencing criteria: Defendant is a juvenile, and the sentencing criteria do not apply.

3. Determination of sentence: a long-term two years of imprisonment, and a short-term one year and six years of imprisonment with prison labor, the crime of this case committed by the Defendant, together with a female juvenile under the age of H and 17, by drinking alcohol with the victim, who was the victim by drinking together with H, who was in the mind of the victim, and sexual intercourse with his family at the same time with the victim, is not easy to commit such crime.

In addition, before Defendant’s house.