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 about 120 hours of sexual assault treatment program.

Punishment of the crime

From around 18:00 on April 19, 2013 to around 19:32, the Defendant, along with D, performed drinking together with the victim F (F, 14 years of age) at the house of the Defendant D (hereinafter “Juvenile Department”) in Suwon-si, Suwon-si, 103 Dong-gu, 204, Suwon-si, with the victim F (hereinafter “Juvenile Department”). On July 26, 2013, the Defendant discovered that the victim was under the influence of alcohol and was under the influence of the toilet floor, found the victim was under the influence of alcohol and was under the influence of the toilet floor, and tried to have sexual intercourse with other victims.

The above D added her hand to the inside of the victim's panty who is not able to be drunk, and her breast was boomed by inserting her hand in the victim's panty where the victim suffered.

Then, D has the shoulder part of the victim's panty, and the defendant exceeded the victim's panty and has sexual intercourse once with the victim.

As a result, the Defendant raped the victim who was in a state of her ability to resist by drinking together with D.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Application of Acts and subordinate statutes to the written complaint, stenographic records and written expert opinion;

1. Article 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012); Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); the choice of limited term imprisonment

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 Defendant is a juvenile under the age of 19 at the time of the institution of the instant prosecution, as prescribed by Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012), and Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.