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A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
Defendant
In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") divers of the defendant's women's women's women's women's women's men and women's women's women's women's women's women's E (the age of 15) and the defendant's back-up F, etc., move the place to the play place in the welfare center near the defendant's house on June 22, 2013, and drinking alcohol from Jun. 21, 2013.
On June 22, 2013, the Defendant told the victim on June 22, 2013 that he “a person who has a drinking value” and left other sports sites, carried the victim, and went to a hole where there is no person whose river is located on the roadside.
The Defendant used the victim's kis in a state of her ability to resist by drinking alcohol at a place adjacent to a parked vehicle for the above hole, and used the victim's kis on his hand, taken the victim's chest on the floor, left the victim's panty, retired from the victim's panty, placed the Defendant's sexual flag in the victim's negative part, and suffered damage to the victim's panty in the number of days of treatment.
As a result, the Defendant, who was a child or juvenile, had raped the victim and sustained injury to the victim by taking advantage of the state of impossibility to resist under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement of E;
1. Records of seizure, list of seized articles, photographs of seized articles, report on internal affairs (CCTV analysis results), photographs of CCTV analysis results, on-site photographs;
1. Extent and degree of injury as indicated in the judgment: Application of a written opinion, a copy of medical records, and statutes;
1. Article 9 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, and the choice of limited imprisonment;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;