A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The Defendant is a space between D, the mother of the victim C (n, 15 years of age) and D, the end of December, 2014.

On February 3, 2015, at around 21:00, the Defendant d, the victim, and the co-borns of the victim at the residence of the victim in the Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, drinked with D, the victim d and drinking alcohol, and the victim she entered the room first, and the victim entered the room for the victim on February 4, 2015.

피고인은 2015. 2. 4. 03:00경 피해자가 잠든 틈을 이용하여 피해자의 방으로 가 피해자의 상의 속으로 손을 집어넣어 가슴, 배를 만지고, 바지와 팬티를 벗겨 손으로 음부를 만지고 입으로 음부를 빤 다음 피해자의 배 위로 올라타 피해자를 힘으로 제압하고 피해자의 음부에 피고인의 성기를 삽입하여 1회 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Stenographic records of police with C;

1. Application of the Kakao Stockholm statutes

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the crime and Article 7 (5) and (1) of the same 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. All other circumstances, such as the Defendant’s age, family environment, social relationship, developments leading up to the instant crime, benefits expected by the instant disclosure order or notification order and the effect of prevention, disadvantages and side effects therefrom, etc., are acknowledged as follows: (a) the Defendant’s wrong recognition of and reflects against the Defendant; (b) there is no record of punishment for sexual crimes; and (c) the risk of recidivism is not determined to be high.