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

The defendant is about 120 hours of sexual assault treatment program.

Punishment of the crime

On August 8, 2013, from around 18:00 to 21:00, the Defendant drinked alcohol at the Defendant’s friendship house located in Geumcheon-gu Seoul Building 502, together with the Defendant’s victim D (n, 17 years of age) who was a high school-friendly compulsory appearance victim, and subsequently, the victim was able to report that the victim was under the influence of alcohol and to rape the victim, and was off from the victim’s half panty and panty, and had sexual intercourse once with the victim, taking advantage of that the victim was unable to resist under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 the relevant criminal facts;

2. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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

4. Order to complete a program, etc. under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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

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

2. The sentencing criteria shall not apply to the Defendant who is a juvenile under the age of 19 at the time of institution of the instant public prosecution.

In light of the fact that the Defendant used the victim, who is a juvenile under the age of 17, as a tool for sexual desire of the Defendant, the crime of this case was committed for a maximum term of three years, and short term of two years and six years, and the quality of the crime was very poor, and the victim was deemed to have suffered a huge mental impulse and pain, but the damage was not recovered until now, and the victim was punished, it is inevitable to sentence the Defendant as a sentence.

However, it is against the defendant's recognition of the crime of this case, and the defendant is still 18 years of age.