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A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On November 23, 2017, around 18:54, the Defendant, while working as an employee at the D convenience store located in Seocho-gu Seoul Metropolitan Government, sent the chest part of the victim E (n, 12 years of age) who opened the World Cup to the Gap-man's own hand, while calculating the value of the World Cup, was called "to be well fluoral movement," and the Defendant, on his own hand, flabed the chest part of the said victim.
Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by assault.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of CCTV 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 concerning the selection of the relevant criminal facts;
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 among 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 Article 49 (1) (proviso) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (limited to the case where the defendant was subject to compulsory indecent act once against him/her, but there is a habit of sexual assault against him/her solely on the previous offense;
It is difficult to conclude that the defendant's personal information registration and order to complete a program can have an effect on the prevention of recidivism.
In addition, in full view of the overall circumstances such as the disadvantage and anticipated side effects that the defendant would suffer due to the disclosure order and notification order, the age, occupation, home environment, and social relationship of the defendant, and the motive, means, and results of the crime in this case, there are special circumstances that the defendant's personal information may not be disclosed or notified.
The reason for sentencing
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;
2. The victims of the reference sentencing guidelines are under the age of 13 at the time of the crime of this case, so they seem to follow the three types of "sex crime under the age of 13" among the sentencing guidelines for sex crimes.