A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 27, 2012, the Defendant: (a) around 23:00, at the C main point in Silst City, tried to rape the victim D (17 years of age, inns) and alcohol, who was a child or juvenile from Dolmi from Dolmi, with the intention of reporting the breath under the influence of alcohol to the her motherel.

Around 04:00 on July 28, 2012, the Defendant entered the Eelto room with the victim under the pretext that the victim sought silent, and divided the victim into the bed room, tightly divided the victim into the victim’s panty, breaking the victim’s panty, inserting the victim into the bed, and raped the victim by inserting the victim’s panty, inserting the sexual organ into the part of the victim, inserting the victim into the bed and inserting the sexual organ into the part of the victim’s resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes governing hospital medical records;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. The main sentence of Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. The range of recommended sentences based on the sentencing guidelines [decision of types of punishment] the group of sex crimes, general standards, and the elements of mitigation of punishment for Type II (Special Rape for Juveniles) among the crimes of rape (subject to at least 13 years of age): The area of mitigation of punishment [the scope of recommending punishment]: Three years to five years.

3. The crime of this case by which the sentence of sentence is to be sentenced is the act of gathering the victim, who is a juvenile under the influence of alcohol, under the pretext that the defendant seeks an implied room.