The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Defendant

On August 5, 2012, at around 22:00, a person subject to an attachment order (hereinafter referred to as the "defendant") committed indecent act by force against a victim under 13 years of age, including: (a) the victim E (the age of 11 at the time) who was in intellectual disorder 2 D in his own house located in Chungcheongnam-gun of Chungcheongnam-gun, and was in intellectual disability 3, which had been in his residence; and (b) the victim E (the age of 11 at the time), who was forced to commit an indecent act against the victim’s body; (c) the victim’s chest was able to commit an indecent act by force; and (d) the victim’s finger was fluened by inserting his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E’s statement recording, statement recording CDs;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

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

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where conviction of the instant crime, which is a sex offense against a child or juvenile subject to obligation to provide personal information under Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, becomes final and conclusive, the Defendant constitutes a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to the competent agency

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for not less than five years nor more than thirty years;

2. Scope of recommendations according to the sentencing guidelines [criminal types] sex crimes, general standards in 01;

(d) Three types of sex offenses subject to the age of less than 13 (the scope of recommendations) basic area, four to seven years of imprisonment;

3. Determination of sentence: A condition unfavorable to four years of imprisonment: The defendant shall be forced to commit an indecent act against a victim of the age who is merely eleven years of age, and shall be punished by such indecent act;