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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
On May 26, 2013, the Defendant drinks alcohol together with the victim E (the age of 16) at the mother's home near D High School in the Si of Jung-Eup, Jung-gu, 2013.
The above victim fells from ordinary intelligence, and at the time, the defendant had been able to rape the victim by using being drunk at the time, and induced the victim with waste leave F around 04:00 on the 27th of the same month.
Although the Defendant was refused to engage in a sexual intercourse from the victim, he was forced to put the two arms of the victim on the floor so that the Defendant was unable to resist against the victim, and was forced to get off the victim's counter-brus and clothes, and put the victim's legs into the victim's sexual flag by hand and inserting his own sexual organ into the victim's sexual flag.
Accordingly, the defendant raped the victim who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Medical records and opinions on sexual assault victims;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) regarding 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. Where a conviction as to a crime committed in the judgment of conviction becomes final and conclusive as to the registration and submission of personal information under Article 4 of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572), and Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information, and the Defendant is obligated to submit personal information to a competent agency pursuant to Article 5(1) and Article 43(1) of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes
With respect to an order to disclose or notify the disclosure or notification, local residents may disclose or notify the personal information of criminals to local residents so that local residents can expect access to criminals and crimes may occur.