A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The Defendant is an instructor teaching English in the “C Language Research Institute” located in Pyeongtaek-si B, and the victim D (inn, pseudonym, and seven years of age) is a student of the said private teaching institute.

On March 1, 2018, around 10:30 on March 1, 2018, the Defendant discovered the victim who was under way in the defendant's dwelling room in Pyeongtaek-si E Apartment apartment house F, the residence of the victim, and opened the victim with his hand, and opened the victim by using his hand, and opened his hand into the panty of the victim.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. A criminal investigation report (a stenographic record of a recorded file submitted by a victim);

1. A written statement of D;

1. Investigative reports and interviews with victims;

1. Stenographic records of the CD (video recording on the statement of the victim) and the statement made by the victim;

1. Statement of the witness D;

1. Statement of the police statement related to G;

1. The summary of the Defendant’s assertion of innocence as to the Defendant’s assertion of innocence on the investigation report (in relation to attaching on-site photographs), there is no fact that the Defendant forced the victim to commit an indecent act by inserting hand into the victim’s panty panty.

It is difficult to believe that the victim's statement, the only evidence supporting the facts charged, is not reliable.

In determining the credibility of a child’s statement of relevant legal principles, considering the fact that a child’s sacrificings by questioners, and the fact that there is a possibility that confusions with the situation and reality or that the source of memory is not properly perceived, the child’s age is how much the child’s age is, how much the above statement was made after the lapse of the time of the occurrence of the case, how the guardian or investigator who first heard the child’s damage during the process from the occurrence of the case until the above statement was made after the occurrence of the case, there is no room for changing the child memory by providing information that is not true for the child, or inducing a specific answer through repeated newspapers, etc.