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

On May 30, 2020, the Defendant: (a) at the Defendant’s house located in Saka-gu B building B, Mayang-si around 11:30 on May 30, 2020; (b) at the Kakakao Open-Out Bank; (c) at the Defendant’s house located in Saka-gu, 15 years old; and (d) at the victim D (name, n, n, 11 years old); (c) at the victim’s house, entered the victim’s house, and (d) entered the victim’s hand, and (e) considered the victim’s hand.

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

Summary of Evidence

1. Application of Acts and subordinate statutes governing stenographic records of the defendant's legal statement;

1. 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. The defendant asserts that he/she committed the instant crime in a state of mental disability under the influence of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16923 of Feb. 4, 2020), Article 49(1) main text of Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), Article 56(1) main text of Article 59(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), Article 59-3(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16923 of Feb. 4, 2020), and his/her defense counsel's determination of mental disability of the defendant and his/her defense counsel.

Even if the Defendant was suffering from the on-site illness, in light of the fact that the Defendant planned to attract the victim by driving another student from the victim, and the background leading up to the instant crime, the method of the crime, and the circumstances after the crime, etc., it does not seem that the Defendant had the ability to discern things or make decisions at the time of committing the crime.

Defendant

The above assertion by the defense counsel is not accepted.

Reasons for sentencing

1. Legal penalty;