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

The Defendant is a person who has conducted a public book room (hereinafter referred to as “public book room of this case”) in the Defendant’s residence in Busan Shipping Daegu C, and provided an individual teaching abroad, and the victim D (V, 9 years old) was a student who received an individual teaching abroad from the Defendant on March 2016 from the first police officer on March 2016.

1. 피고인은 2016. 5. 30. 15:00경 이 사건 공부방에서, 책상 앞에 서서 수학 문제를 풀고 있는 피해자의 뒤에서 양팔로 피해자를 껴안고 자신의 성기를 피해자의 엉덩이에 대고 아래위로 비볐다.

As above, the Defendant committed an indecent act against a person under 13 years of age by force.

2. 피고인은 2016. 6. 1. 15:00경 이 사건 공부방에서, 책상 앞에 서서 수학 문제를 풀고 있는 피해자의 뒤에서 양팔로 피해자를 껴안고 자신의 성기를 피해자의 엉덩이에 대고 아래위로 비볐다.

As above, the Defendant committed an indecent act against a person under 13 years of age by force.

3. On June 3, 2016, the Defendant: (a) around 16:30 on June 3, 2016, in the instant public book room, left the victim’s two arms, and opened the victim’s sexual organ in front of the book, and opened the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

As above, the Defendant committed an indecent act against a person under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. The victim's video recording CD or the victim's statement;

1. Application of Acts and subordinate statutes to the survey report on actual condition and the expert opinion on sexual violence against children with disabilities;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act in a minor, etc. under thirteen years of age)

1. Discretionary mitigation;