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A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.
Sexual assault against the defendant for 80 hours.
Reasons
Punishment of the crime
The Defendant and Co-Defendant C (Decision on Forwarding to the Juvenile Department of March 21, 2014) written the written indictment of Yeongdeungpo-gu Seoul Etel 401 on June 1, 2013, the Defendant and Co-Defendant C written the written indictment of “G” as “G”, while the written indictment of “F” is written as “G”, at the same time between Donge-gu and Dongdong-gu, the victim D (F. 17 years of age) who is an elementary school students, and the first half of May 31, 2013, the second half of Yeongdeungpo-gu Seoul Yeongdeungpo-gu Office, Yeongdeungpo-gu, Seoul, and the second half of June 1, 2013.
The house goes back to the victim.
The defendant and C decided to have sexual intercourse with the victim in a state of mental disorder in which the victim was under the influence of alcohol, and the defendant exceeded the part of the victim, and had sexual intercourse once with the victim, and C continued to have sexual intercourse with the victim once.
Accordingly, the defendant and C have sexual intercourse with the victim by using the state of the victim's in-depth condition.
Summary of Evidence
1. C’s legal statement;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Protocol-Stenographic records and statement-recording video CDs with respect to victims D;
1. A written statement prepared Category C (Evidence Nos. 30);
1. C Application of the Act and subordinate statutes to the contents of the Kakao Stockholm held by the Defendant with the victim, and photographic materials of the place where the occurrence occurred (Evidence Nos. 5, 6);
1. Article 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012);
2. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;
3. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
4. Supplementary to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 21 (2) of the Act on the Protection of Children
5. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) exempt from disclosure orders and notification orders.