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

On September 25, 2016, at around 09:00, the Defendant discovered that the above victim was drunk, while drinking alcohol together with the victim F (n, 16 years of age) in front of a toilet near the te Park Gunnam-si E Park Gunnam-si, the Defendant Donnam-si, D, and inserted the victim’s clothes into the part of the victim’s sound, and added the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant raped the victim by taking advantage of the fact that the victim, who is a juvenile, was in an inbreathic condition.

Summary of Evidence

1. Partial statement of the defendant;

1. The respective legal statements of F and G;

1. G statements;

1. An investigation report, a report on internal investigation (including stenographic records, etc.), a report on internal investigation (Attachment to the detailed statement of processing the case reported 112), a report on internal investigation (on-site photographs of the case), a report on internal investigation (the mobile phone messages of the suspect G voluntarily submitted), a report on criminal investigation (the results of genetic appraisal), and a report on investigation;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

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. Determination as to the assertion by the defendant and his/her defense counsel 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), who is exempted from an order to notify disclosure

1. The main point of the argument was the victim's withdrawal of alcohol, but the victim was not in a state of resistance, and the victim consented to the gender relationship.

2. Determination

A. Article 299 of the Criminal Act is to engage in sexual intercourse or sexual intercourse by taking advantage of a person's mental or physical loss or in an impossible condition.