A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is the victim B (here, 11 years of age at the time).

Around August 2011, the Defendant: (a) took advantage of the crepans inside and outside the house in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City’s pro-friendly lux, and crepans the victim, who was reporting TV from the inside of the house, went off on the part of the victim himself; (b) took off the victim’s shoulder on his part; and (c) forced the victim to take the shoulder of the victim resisted by hand, i.e., e., caring off, and forced the victim’s resistance, and had sexual intercourse once with the victim.

Accordingly, the defendant raped the victim under 13 years of age.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. stenographic records of the police investigation of B;

1. A psychological and evaluation report;

1. Application of Acts and subordinate statutes on statements and analysis of sexual assault against children and disabled persons;

1. Article 7(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 297 of the Criminal Act concerning criminal facts

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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is no criminal record of sexual assault against the Defendant under the proviso to Article 38(1), the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201), the proviso to Article 1, Article 4, and Articles 1 and 4 of the Addenda (amended by Act No. 15, Apr. 15, 201) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and the Addenda (amended by Act No. 11572, Apr. 15, 2010). The victim of the instant crime cannot be concluded to have the effect of preventing sex assault against a child due to disclosure and notification due to a limited characteristic as the Defendant’s relative relationship. Rather, the victim of the instant crime is likely to cause additional damage to a relative victim, the completion of a sentence