A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

[Criminal Power] On January 16, 2009, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on September 16, 2010, and completed the enforcement of the sentence at the port prison on September 16, 2010. On August 8, 2012, the same court sentenced one year and six months of imprisonment for the same crime, and the said judgment became final and conclusive on November 22, 2012.

【Criminal Facts】

At around 03:00 on January 29, 2012, the Defendant opened a entrance and intruded into the entrance at around 206, Enb, 206, where the victim D (Innb, 14 years of age) was administered by the victim D (Innb, 14 years of age) located in the north-gu, Busan, and had the victim discovered the potential victim, cut off the boom and the clothes of the victim, and inserted the Defendant’s sexual organ on the part of the victim’s body into the victim’s sexual organ, but the victim was frighted by the victim’s body and resisted by his hand, and had sexual intercourse once with the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Results of the examination of video CDs by the court;

1. Statement made to D by the police;

1. The statement of D contained in the police video CD with D;

1. Requests for appraisal;

1. Report of investigation (investigation of Results of Appraisal Requests), cooperation to grasp the processing details of cases related to the DNA conformity, the status of persons who correspond to the results of comparison with the DNA, investigation report (if any) and notification of the results of DNA identification information database search;

1. Each photograph (No. 3 through 7 No. 5 of the evidence list) and investigation report (the other party investigation, etc. as the host);

1. Previous records of judgment: Results of the search by prisoners, records of criminal records, references to each disposition, previous records of disposition, results of confirmation, and application of each statute of the judgment;

1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012); Articles 319 (1) and 297 of the Criminal Act;

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

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.