A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On October 30, 2014, around 22:20, the Defendant discovered the victim E (the 16-year old), who returned home in front of the Gu in Ansan-si, and committed an indecent act by force against such female. The Defendant, in his hand, prevented the Defendant from leaving his house by breaking the victim's neck with a fluent rice sofed rice sofed, followed the Defendant's left hand by putting the fluent hand into the panty of the female, and putting the fluent part of the victim into the panty of the female.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes to a report on investigation, photographs of criminal scene, investigation reports (Attachment of field photographs);

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 relevant criminal facts;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. As to the assertion of mental disorder under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defense counsel asserts that the Defendant suffered from stress disorder due to divorce with the former wife, etc. at the time of the instant crime. However, in full view of the background of the instant crime, circumstances after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.

Since it seems that the defense counsel cannot be seen to be in a state or weak condition, the above assertion by the defense counsel is rejected.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than thirty years; and

2. Application of the sentencing guidelines [Determination of the type] The general standard for sexual crime committed the indecent act by force (subject to the age of 13 or older) [Type 2] There is no juvenile indecent act by force (including indecent act by force) [the scope of recommending punishment] [the scope of recommending punishment] imprisonment from August to April of 1 year to April of 3, and juvenile indecent act by force. This type 2 is the basic area from August to April of 200.