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A defendant shall be punished by imprisonment for a maximum of two years and six months, and a short of two years.
The defendant is a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant and juvenile victim C (V, 17 years of age) are known to each other around December 2014, and they were able to come from that time, and they were friendly with them.
On February 16, 2015, the Defendant, at around 03:00 on Feb. 16, 2015, administered together with the “Eel” 304 located in D, and, at the same time, tried to rape the victim.
The defendant, who was suffering from the victim, was off, and her clothes, was left, and the victim was changed to the victim.
“In doing so, the victim’s refusal was prevented from resisting at the time of several times due to defectiveness or drinking.”
In addition, the Defendant, by hand, committed sexual intercourse by inserting the part of the victim on his own bucks so that he can not get the victim by holding his bucks on his bucks, and then inserting his bucks on his bucks, and then inserting his sexual organ into the victim’s sound book once.
Accordingly, the defendant raped the victim who is a child or juvenile by assault.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against C;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 7 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Child under the relevant Act on criminal facts;
1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;
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 among the reasons for sentencing)
1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The grounds for sentencing under Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is a juvenile, and the Defendant is a juvenile) are that the Defendant rapes the juvenile, and the instant crime appears to inflict physical and mental pain on the victim due to the instant case.