A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal power] On March 17, 2009, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Punishment of Violences, etc. Act (joint attack) in the Chungcheong District Court’s Chungcheong Branch. On September 3, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of escape from military service at the 51th Military Court of the Army, which became final and conclusive on September 3, 2010, and the said sentence became void and the execution of the final sentence was completed on June 26, 2011.

【Criminal Facts】

At around 17:00 on March 15, 2013, the Defendant: (a) was a victim E (n.e., 14 years old) who became aware of Kakakaox in the Kakaoxa 13 room located in Made-si, a Made-si, and a motion picture, and (b) the Defendant was a juvenile victim who was her sexual desire, was off, her chestd, her chestd, her chestd, her fingerd against it, and refused to do panty by hand. The Defendant was sexually raped by inserting the victim’s the Defendant’s sexual organ listed on the victim’s sexual organ by inserting it into the negative part of the victim.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Protocol stenographic records;

1. A photograph at the scene of crime, each category of suspect, and each request for appraisal (the previous record on the market);

1. The application of the Acts and subordinate statutes to send criminal and investigation records data and data verifying confinement;

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(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 who were ordered to disclose;

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