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A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.
The defendant is about 120 hours of sexual assault treatment program.
Reasons
Punishment of the crime
1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force) committed indecent act by force against a juvenile, by drinking alcohol with the Defendant’s room located in Suwon-si Line C from around 00 to around 24:00, in a water-source area, and drinking alcohol together with the victim D (the victim’s age 14) and her friendship with the victim, and by drinking alcohol to the victim, he/she had the victim her mind to force indecent act by force, and by drinking the victim’s chest, such as the victim who was fright next to his/her sleep, etc., who was fright back to his/her sleep, and by drinking the victim’s chest and part, etc.
2. The Defendant, at around 02:00 on November 8, 2012, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed one-time sexual intercourse with a juvenile victim by force by: (a) having taken the Defendant’s room at the same place as Paragraph (1) of this Article; (b) having decided to have the victim sexual intercourse again; (c) having taken the victim’s mind that the victim would have sexual intercourse again with the victim on his/her own on his/her own; (d) having the victim talked with the chest and panty; (c) having the victim’s panty, retired from the victim’s panty by force; and (d) inserting the victim’s body into
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and D;
1. Each prosecutor's protocol of examination of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to a report on investigation (recording a statement made against D), a report on investigation (a relative investigation of a victim's hands), a report on investigation (a photographing a victim's hands), a report on investigation (a criminal investigation of a suspect), a report on investigation (in the suspect's residence, and attachment of external photographs);
1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of sexual intercourse and the choice of limited imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning criminal facts;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be determined as a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a violation of deceptive means, etc.) which is more severe;