A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On February 27, 2013, at around 01:00 on February 27, 2013, the Defendant: (a) had a defect in the Defendant’s female E in his residence with E and friendly job offering victim F (n, 17 years of age) in the room of the Defendant’s female E in his residence; (b) had a defect in drinking alcohol with E and friendly job offering victim F; and (c) had a victim carried the alcohol with the Defendant’s care and moved the victim into the Defendant’s room; and (d) had the victim had an intent to have sexual intercourse with the potential victim under the influence of alcohol.

The defendant was under the influence of suffering from the victim, was fluorted with the chest of the victim, put the defendant's sexual organ into the victim's inner part, followed up the victim's breath and panty, and had sexual intercourse once with the victim.

Accordingly, the defendant, under the influence of alcohol, had sexual intercourse with the victim by taking advantage of the state of disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim, E, and G;

1. A victim's accusation;

1. Stenographic records (Seoul Women's School Violence Support Center), each investigation report, each internal investigation report, each extra investigation report, each extra investigation report, and the application of Acts and subordinate statutes governing the place of criminal investigation;

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) on criminal facts; Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012)

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. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who were ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, for which an order to notify is issued;

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

2. Scope of recommended sentences according to the sentencing guidelines [decision of types] group of sex crimes, general standards in 01.

A. 13 years of age for rape.