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 40 hours of sexual assault treatment program.

Punishment of the crime

The defendant was aware of the victim C (the family name, the female, the age of 15) and the family friendly relationship.

On September 21, 2016, the Defendant: (a) while drinking the victim, E, F, and G in a riotous and disorderly manner, and playing games on the rooftop, on September 21, 2016, on the 5 commercial apartment complex D apartment complex in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) on September 21, 2016, the victim was locked on the rooftop under the influence of alcohol; (c) the victim was suffering from the gap between E, F, and G’s convenience points in the entry of another victim; and (d) the victim was sexual intercourse once with another victim.

Accordingly, the defendant was raped by taking advantage of the victim's mental or physical loss, or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Each police statement made with respect to C, E, G, and H;

1. Application of Acts and subordinate statutes to report on investigation (to submit a record file to victims);

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 the facts constituting an offense;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (a defendant is deemed to be a juvenile in light of his/her characteristics, and thus, is deemed to be reasonable in light of his/her characteristics);

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

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

1. 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 (where the defendant is a child or juvenile), exempted from an order to notify disclosure;

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years; and

2. Sentencing criteria: Unapplicable (the defendant is under 19 years of age at the time of instituting the prosecution of this case).

3. In this case, the defendant has sexual intercourse with a female juvenile who has been under the mental or physical disability of alcohol.

The crime of this case is not suitable in light of the place and situation where the defendant has sexual intercourse with the victim, and the victim aged after the crime of this case is the fear of sexual humiliation and other people's vision.