A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

Between 04:00 to 06:00 on June 29, 2014, the Defendant first came to know of the Victim C (the age of 15) by introducing zins from the front factory located in the Donwon Elementary School located in Daegu-gu, Daegu-gu. After that, seven persons, including the victim, including the Defendant’s zin, went through the Defendant’s zins or house.

At around 23:00 on June 29, 2014, the Defendant, while drinking alcohol with the victim, etc. at the above Defendant’s leakage or house, had the victim engage in sexual intercourse once with the victim, after having been able to rape the victim in a small room where the victim was able to sleep, coming back to the room where the victim was able to enjoy, let the victim enjoy, let the knick, let the knick into the victim’s upper and lower part, and talked with the victim’s chest and the knick, and continuously prevented the victim from resisting the victim’s arms and legs by going to the knick of the victim’s body.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of witnesses E, F and G in each protocol of the third and fifth trial;

1. Each police statement of C, G, and H;

1. Application of Acts and subordinate statutes to each investigation report (the contents of Kakao that the mother of the victim consulted with the victim, etc. that the victim first requested);

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is that the defendant committed an indecent act against the victim, such as the statement of facts constituting a crime, and attempted to have a sexual intercourse with the victim's body. However, the victim's voluntary refusal is not sufficient to incorporate the victim's sexual organ into the victim's sexual organ.