A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant became aware of the victim B (the 13 years of age) through the introduction of a branch in March 2020 to April 2020.

The Defendant, who was waled with his parent, left home on May 24, 2020 by the victim from May 24, 2020, “I have no place to go home and go home, so I have to go home.”

“A person who consented to ask the victim for sexual intercourse with the victim at around 17:30 of the same day by allowing the victim to enter the house of the defendant located in Ischeon-si C. On the following day, around 23:00 of the next day, the victim had known that he was the second grade of the middle school, and had sexual intercourse with the victim who respondeded to the request of the victim by suggesting that “I will have sexual intercourse with the victim.”

Accordingly, the defendant has sexual intercourse with the victim between 13 and 16 years of age.

Summary of Evidence

1. The defendant's oral statement B by law;

1. Application of Acts and subordinate statutes of each police statement protocol to B;

1. Article 305 (2) and Article 297 of the Criminal Act concerning the facts constituting an offense;

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 main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities recognizes the fact that the defendant has sexual intercourse with the victim.

However, the defendant was unaware of the fact that the victim was under 16 years of age, was aware of the fact that the victim got out of Korea after sexual intercourse, was sexual intercourse with the victim's active demand, and the defendant did not first suggest the sexual relationship to the victim.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the victim, consistently from the police to the present court, “the Defendant was aware of the fact that the victim was under 16 years of age at the time of the instant sex relationship,” and “a sex relationship with the Defendant.