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

A seized 6 opon (No. 1) shall be confiscated.

(b) the defendant;

Punishment of the crime

From July 2016, the Defendant divided conversations between the victim C (V, the age of 13) and D.

1. On August 15, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) committed sexual intercourse by putting the Defendant’s sexual organ into the part of the victim, who is able to drink with the victim while drinking at the victim’s residence of the defendant, 205, Nam-gu, Incheon, Nam-gu E-gu, Incheon, and 205.

In the end, the Defendant raped the victim by taking advantage of the victim’s resistance impossibility.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) taken by the Defendant using smartphones of the Defendant having a camera function in the shape of sexual intercourse with the said victim at the above Defendant’s residence on August 2016.

After all, the Defendant taken the body of another person, which could cause sexual humiliation or shame, using smartphones, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant provisions of the Act on the Protection of Juveniles against Sexual Abuse, Articles 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of juvenile quasi-rape, the choice of imprisonment with labor), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as a camera, and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Order to complete a program under Article 21 of the Act on the Protection of Juveniles against Sexual Abuse;