A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

On June 10, 2018, the Defendant: (a) had a OOO of the building B in Nam-gu Incheon Metropolitan City, and had a friendly job offer D’s house in Nam-gu, Incheon; and (b) had a friendly job offer D’s drinking in the above C, D, D’s E (name, leisure, age 17) and the victim had a mind to have sexual intercourse with the victim who was divingd; (c) had access to the victim who was divingd; and (d) had a panty with his hand exceeded the victim’s will and panty; and (d) had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the mental disorder of the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E (alias) and C;

1. A written expert opinion, a transcript, and a comprehensive evaluation opinion;

1. Application of Acts and subordinate statutes to investigation reports (the telephone content of a suspect A and a witness C), investigation reports (to hear the F phone statement of a witness);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and the choice of limited imprisonment for a crime;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. In full view of the following circumstances: (a) 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 Defendant’s personal information registration alone seems to have no record of punishment for sexual crimes; and (b) the Defendant’s age, occupation, family environment and social relationship; (c) details, circumstances, and results of the instant crime; (d) the effect of preventing sexual crimes subject to registration that may be achieved due to an order of disclosure notification; and (e) the effect of protecting victims of sexual crimes subject to registration that may be achieved due to an order of disclosure notification; and