A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On July 10, 2012, at around 03:00, the Defendant: (a) went out of the victim E (Inn, 16 years of age) and F together with the victim E, beer, beer, and scarggwa, and (b) went out of the victim while bombomb, the Defendant got out of the victim; (c) was sexual intercourse with the victim on one occasion by taking advantage of the victim’s body in a state of non-performance, such as being unable to resist the body properly under the influence of alcohol, by taking advantage of the victim’s body, such as being unable to resist the body properly.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the prosecution examination protocol to the accused;

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, Jun. 19, 2013); Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012) concerning criminal facts

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. 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) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is that the Defendant has a sexual relationship with the victim, as stated in its reasoning, but is in accordance with an agreement with the victim.

2. The following circumstances are revealed by the evidence duly adopted and investigated by this court; ① the victim, as a high school student under the age of 16 at the time of the instant case, drinks together with the Defendant and F, and ② the victim, before sexual intercourse with the victim, has sexual intercourse with the Defendant and F, not only 4-5 remaining alcohol, but also the Defendant and F, who drinked alcohol to the victim (14 pages of the victim’s legal testimony and evidence record). ③ The victim, before sexual intercourse with the victim, has sexual intercourse with the Defendant and F.