Defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

Defendant

On August 10, 2018, between 05:39 and 15:57, the requester for probation order (hereinafter referred to as the "defendant") was in the Seodaemun-gu Seoul Seodaemun-gu “Burel” room, the victim D (n, 14 years of age) and the “san machine game (the other person refers to the other person; the other person refers to the other person; and if the other person does not refuse to do so, the other person refers to the drinking game) and the victim did sexual intercourse once with the other person.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder of the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D;

1. Data on CCTV video recording in the telecom;

1. Application of Acts and subordinate statutes to the interrogation protocol of prosecution E;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, the selection of a limited term of imprisonment, and the selection of a punishment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The provision of 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 (the sentence of imprisonment to the defendant, the registration of personal information, and orders to complete a program) of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have the effect of preventing re-offending; the defendant's age, occupation, risk of re-offending; the type and motive of the crime in this case; the type of the crime in this case; the process of the crime in this case; the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure or notification order; the prevention of the sex offense subject to registration that may be achieved therefrom;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018) exempt from an employment restriction order.