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 shall complete the sexual assault therapy for 40 hours.

Punishment of the crime

Around 02:00 on February 6, 2015, the Defendant, within the dwelling room of the Defendant located in Seongdong-gu Seoul, Seongdong-gu, Seoul, off the clothes of pro-born victim D (in women, 15 years of age) who has come in depth by the Defendant and had sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning D;

1. A complaint filed in D;

1. Stenographic records;

1. Application of each investigation report (the relative investigation, etc. of the victim's parents, the degree of damage place) Acts and subordinate statutes;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as being a juvenile in light of the characteristics of the juvenile)

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the victim of this case is pro-born with the defendant, and the place where the crime was committed is connected with the victim’s information, is likely to cause secondary damage to the victim during the process of disclosing and notifying the information; the defendant has no criminal records, including sexual crimes; imprisonment with prison labor, personal information registration, and order to complete a crime to a certain extent is expected to have the effect of preventing recidivism; and other profits and preventive effects expected by the disclosure order or notification order.