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 about 120 hours of sexual assault treatment program.

Punishment of the crime

At around 00:00 on January 19, 2013, the Defendant: (a) performed a game to drink and drink in a singing room with the victim’s daily behaviors, and (b) performed a game to drink in a singing room; (c) as the victim was under the influence of alcohol, the Defendant was able to take the victim into the room of “Felel” in Suwon-gu, Suwon-si E at around 05:30 on the same day, and had the victim off his clothes and had sexual intercourse once with the victim’s clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist due to uncertainty of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect A-related video CDs);

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

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. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. Determination on the assertion by the Defendant and the defense counsel under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the argument lies in the fact that the defendant has sexual intercourse with the victim, but the defendant was sexual intercourse under the agreement with the victim, and the victim was not in a state of failing to resist at the time.

2. In full view of the following circumstances acknowledged by the evidence duly examined by this Court, the Defendant’s prosperity status is the victim.