A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment program.

Punishment of the crime

The Defendant, while living together with the mother of a disabled person who is suffering from alcohol addiction, did not receive normal care and did not have access to the victim with knowledge that economic difficulty is difficult, and maintained a close relationship with the victim by providing the victim with access to the victim, and was able to have sexual intercourse with the victim.

피고인은 2012년 2월 불상경 피해자 D(여, 14세)의 집에 찾아 가 피해자에게 “오토바이를 태워 줄 테니, 바람 쐬러 나가자.”고 한 다음, 피해자를 오토바이에 태우고 피고인의 주거지인 통영시 E 원룸 201호로 데리고 가, 피해자에게 “밑을 빨아도 되냐.”고 말하고, 피해자가 싫다고 하자 피해자의 바지를 강제로 벗긴 다음 당황한 피해자가 아무런 저항을 하지 못한 틈을 이용하여 피해자의 몸 위에 올라타고, 하지 말라며 저항하는 피해자의 팔을 붙잡고 피고인의 성기를 피해자의 음부에 삽입하여 위력으로써 청소년인 피해자를 간음하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective Acts and subordinate statutes of witness D and F;

1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 2011); Article 297 of the Criminal Act concerning criminal facts

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction of the accused who has registered personal information under Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and submits personal information to the competent agency pursuant to Article 43 of the same Act.