A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On May 24, 2012, at around 03:00, the Defendant: (a) 16 years old; (b) 1 years old; (c) 2 years old; (d) 3 years old; (d) 2 years old; and (e) 3 years old; and (d) 205, the Defendant’s house of the Defendant, as the Defendant’s house, 205, 3 years old, 4 years old, 16 years old; and (d) 205 years old, Seo-gu, 195, 196.

At the defendant's home, the above D, E, G, and the victim drink together with alcohol, D and E return to the house, and the victim and G were under the influence of alcohol.

After D and E returned to the house, at around 07:00 on the same day, the Defendant got off the body of the victim F (the 16-year old age), who was under the influence of alcohol on the part of the above Defendant’s house, was off from the victim’s bucks and panty to the bucks, and had sexual intercourse with the victim once.

Accordingly, the defendant, who is a juvenile, has been raped by taking advantage of the mental condition of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to F, G, and E;

1. The application of Acts and subordinate statutes to each investigation report (with respect to the written appraisal of the National Institute of Scientific Investigation, accompanied by written appraisal);

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

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. The main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Reasons for sentencing under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] imprisonment with prison labor for 2 years and 6 months to 15 years [the application of sentencing guidelines]: sex crimes, rape (persons aged 13 years or older), kinship, rape, special rape, etc./special mitigation of rape: a person who is not subject to punishment.