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A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant and the victim C(n, 18 years of age) are between the five-year-speaks and speaks.
On September 2, 2014, the Defendant, at around 23:30, went to the victim under the influence of alcohol under the Eelbur 506, after drinking alcohol together with the victim at the felb in the furite located in the French city, around 23:30.
At around 03:00 the following day, the Defendant had been able to have sexual intercourse with the victim who is in a state of non-performance to resist, and was exempted from the victim's lower and panty, and had sexual intercourse once.
At around 08:00 on the same day, the Defendant continued to have sexual intercourse once with the victim who was divingd while he was off from the defendant's side.
Accordingly, the defendant raped the victim who is a juvenile who has been unable to resist twice.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of the victim C;
1. Recording records;
1. Application of Acts and subordinate statutes to family relation certificates, resident registration cards and certified copies;
1. Relevant 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;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse due to sexual intercourse at around 03:00]
3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
4. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
5. Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
6. The grounds for sentencing under Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse [Determination of the Sentencing] are the general criteria for each sex offense (subject to the 13 years of age or older) and the crimes of rape (Rape, Rape, Special Rape, etc. by Relatives relation) - Juvenile quasi-rape, which is included in the 2th category (decision of the recommended area].