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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On May 25, 2020, the Defendant agreed to meet or sexual intercourse with the victim B (V, 14 years of age) and the Internet hosting site, and even though the victim was aware that he was a middle student in the course of exchanging contact with the victim, the Defendant became aware that he was a middle student.
On May 26, 2020, from around 14:23 to 16:07 of the same day, the Defendant was accommodated with the victim in the D heading of the building C in Gangseo-gu, Gangwon-gu, Seoul, and continued to engage in three-time sexual intercourses with the victim. From around 17:18 on the same day to around 0:10 on the following day, the Defendant was able to re-contribute with the victim at the D heading of the building C, and was able to re-contribut
Accordingly, the defendant has sexual intercourse with the victim between 13 and 16 years of age.
Summary of Evidence
1. The statement made by the defendant in court, stenographic records, each seizure list and each seizure protocol of the defendant, reports on investigation and application of Acts and subordinate statutes attached thereto;
1. Articles 305 (2) and 297 of the Criminal Act concerning the facts constituting the crime;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravated Punishment for a Minor who is the last part of the heavy penalty)
1. The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to complete a program under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable consideration among the following reasons for sentencing):
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and there is no history that the Defendant was punished for sexual crimes; in light of the circumstances of the instant crime, it is difficult to readily conclude that the Defendant had a criminal tendency against many unspecified