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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.
Reasons
Punishment of the crime
At around 10:00 on September 23, 2012, the Defendant, at the home of the victim (the age of 5) located in Gangnam-gu, Gangwon-gu, Gangwon-do, (the age of 5), was asked to see the victim from the mother D to see the victim, and the victim was separated from the victim, and the victim was sent back to the victim, and the victim was sent back to the victim, and the victim showed the face with both hands, and the victim was cut down with the part of the victim.
Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.
Summary of Evidence
1. Statement made by the witness D in the 10th public trial records;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. The statement made by the victim in the video CDs;
1. Application of Acts and subordinate statutes on police statements made to D and E;
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 289 of the Criminal Act;
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. Supplementary to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 21(2) of the Act on the Protection of Children
1. The proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); (b) there is no criminal record against the Defendant; and (c) the circumstance that the instant crime was committed or the record reveals that there is a risk that the Defendant has a habit of sexual assault crime, or that it is likely to recommit sexual assault.
In light of the fact that it is difficult to readily conclude, the fact that the character and conduct of the defendant is likely to be corrected through the completion of sexual assault treatment programs, and other benefits and preventive effects expected by the disclosure or notification order, and the disadvantages and side effects thereby, etc.