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A defendant shall be punished by imprisonment for six years.
The defendant shall be ordered to complete the sexual assault treatment program for 280 hours.
Reasons
Punishment of the crime
The defendant is one of the cares of the victim C(Tshee, 5 years of age).
1. Around March 2012, the Defendant, at the Defendant’s home room located in Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu, threatened the victim, “I am soon dead,” thereby allowing the victim to promptly enter the Defendant’s sexual organ.
2. On March 2012, the Defendant made intimidation to the victim in the same manner as in the preceding paragraph, and made the victim frighten to enter the Defendant’s sexual organ rapidly.
3. On March 2012, the Defendant: (a) made intimidation to the victim in the same manner as in the preceding paragraph; (b) made the victim quickly enter the Defendant’s sexual organ; and (c) made it possible for the victim to enter the Defendant’s sexual organ; and (d) took circumstances into the victim.
4. On March 2012, the Defendant made intimidation to the victim in the same manner as in the preceding paragraph, and made the victim frighten to enter the Defendant’s sexual organ rapidly.
Accordingly, the defendant, through a total of four times, threatened the victim under 13 years of age to put the victim's sexual organ into his/her body, such as mouth, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Stenographic records in protocol;
1. The third-party statement, the second-party statement, the second-party statement, the second-party statement, the fourth CD-4 (the defendant alleged that there was no such speech as to the victim at the time of the above crime, but according to the victim's investigation agency's 3 and 4 statements, etc., the defendant may recognize the above fact that the defendant made
1. Application of each police statement statute to E and F;
1. Article 7 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.