A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Punishment of the crime

[Criminal Justice] On March 16, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Sung-nam Branch of the Suwon District Court on March 16, 201, and completed the execution of the said sentence in the official prison on January 25, 2012.

【Criminal Facts】

On September 10, 2012, at around 21:00, the Defendant visited the victim D (the 17-year-old, female)’s home to educate his students of his learning site, and completed approximately one-hour course of study. On the same day, at around 21:50, the Defendant 21:50 of the same day, after drinking the string drugs at the same room, accessed the victim, who was in the left side of the left side, got out of the victim. After then, the Defendant 200: (a) put the victim’s knick over the victim’s clothes; (b) put the victim’s chest into the victim’s clothes; (c) putting the victim’s chest into the victim’s clothes; and (d) took the victim’s chest into force by indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Criminal investigation report (a copy of the judgment, confirmation of the date of release), copy of the judgment, etc., personal identification status, inquiry, application of Acts and subordinate statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction against a defendant who has registered personal information under Article 38 (1) 1 or the main sentence of Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the person subject to registration of personal information under Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse is obligated to submit personal information to a competent agency pursuant to Article 34 of the said Act;

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than six months but not more than 25 years;

2. Application of the sentencing criteria (determination of type) sex offenses.