A defendant shall be punished by imprisonment for not less than one year and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal Records] On June 24, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny at the Seoul Central District Court on July 2, 2016, and the judgment became final and conclusive on July 2, 2016.

[ 범죄사실] 피고인은 2013. 11. 26. 11:00 경 자신의 주거지인 서울 송파구 C에 있는 주택 101호에서, 잠을 자고 있던 피해자 D( 여, 17세) 의 상의 속으로 손을 집어넣어 가슴을 만지고, 이에 잠에서 깬 피해 자로부터 “ 하지 말라” 는 말을 듣고도 피해자의 입술에 입을 맞추고, 계속하여 피해자가 머리를 흔들면서 반항을 하자 한 손으로 피해자의 양손을 붙잡고 피해자의 몸 위에 올라타서 피해 자를 반항하지 못하게 한 후 손으로 피해자의 가슴과 음부를 만지고 자신의 성기를 피해 자의 몸에 대고 비볐다.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. A copy or stenographic record of the police statement made D (time) with respect to D;

1. Previous convictions: The results of inquiry about criminal history and the application of each statute of the judgment;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment for the same kind of crime, the defendant repents his/her mistake and reflects his/her mistake, and the completion of a sexual assault treatment program against the defendant in light of all other circumstances recognized in the record.