A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case.

Punishment of the crime

On September 30, 2017, the defendant: (a) around 21:30 on September 21, 2017, the victim D (the 18-year old) living in adjoining areas in Ulsan-gu, Chungcheongnam-gu, U.S., where the victim D (the 18-year old-old) went around, and tried to listen to the feed once; and (b) visited the victim in order to turn off the house once, "h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, with the victim's mind that he want to commit an indecent act against the victim, h kn h h h h h h h h h h h h h h, and h k h h h h h h h h h h h h h h h h h h h h h h h h h h h h k.

As a result, the defendant, by force, committed similar acts by inserting part of his/her fingers in the sexual organ of a victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Photographs of a criminal scene, screen image CD, sexual assault flag;

1. Ratification;

1. Application of Acts and subordinate statutes to a record of video recording taken by victims;

1. Article 7 (5) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom a crime is committed;

1. It is difficult for the defendant to normally implement a program or to expect an effect of preventing recidivism by such program, in light of the fact that the defendant is aged 86 years old and does not have any smooth communication due to old circumstances, etc. under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from

As such, there are special circumstances where the defendant cannot be ordered to complete the program.

[Determination]

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.