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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.
The defendant shall be a sexual assault treatment program for 40 hours.
Reasons
Criminal facts
On May 30, 2019, the Defendant: (a) on the same day from Daegu Jung-gu B Apartment C, Daegu-gu, and was under drinking alcohol, and (b) on the part of the victim D (one-five years of age); (c) on the part of the victim, who was under drinking alcohol, laid off the victim’s clothes on his/her room; and (d) took advantage of the victim’s mental health condition due to drinking; and (e) took sexual intercourse.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the police interrogation protocol of the accused;
1. Each legal statement of witness E and D;
1. Stenographic records of the F Center in the D name;
1. Application of each police protocol to G and H
1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and the choice of limited imprisonment for a crime;
1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;
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. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;
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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019);
1. Determination on the assertion by the Defendant and the defense counsel under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 1150, Dec. 11, 2018); Article 59-3(
1. The alleged defendant and the victim naturally suffered panty only while playing games by drinking alcohol.
During that period, the victim was easy to do so, making it difficult for the defendant to take part in the defendant's bed and knife each other.