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Defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant is a victim B (n, 15 years of age) and a person who is a branch.
At around 14:30 on August 2, 2020, the Defendant inserted the Defendant’s sexual organ into three parts of the victim’s sound, where three persons, including the victim, engage in one-way and singing together with three-way and two persons, including the victim, get out of the victim.
As a result, the defendant has sexual intercourse with the victim once by taking advantage of the victim's failure to resist.
Summary of Evidence
1. Defendant's legal statement;
1. The investigation report by the police on the stenographic records E on the statement of statement of statement (in relation to the results of comparative appraisal by the DNA), each seizure protocol (in relation to the results of the comparative appraisal by the DNA), each seizure list, and the application of statutes
1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, the selection of a limited term of imprisonment, and the selection of a punishment for a crime;
1. Article 2 and Article 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is deemed to be reasonable in light of his characteristics as a juvenile) Article 62(1) of the Act on the Suspension of Execution (the following circumstances considered favorable to the reasons for sentencing)
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a child or juvenile) exempted from an order of disclosure and notification;
1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is a juvenile, and the defendant is not a criminal record due to sexual assault, the registration of personal information and an order to attend a lecture can only bring about the effects of preventing recidivism, the social ties of the defendant, the legislative purpose of the employment restriction order, the comparison of the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to the employment restriction order, and other various circumstances