A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Punishment of the crime

The defendant is a person who works as a tenant of the Ilyang-gu Seoul Island Rental Store in Goyang-si.

1. On October 26, 201, at around 00:00, the Defendant, at the above “C” book rental store around October 26, 201, walked with the victim D (at the age of 12) and went to the same e apartment of the same Gu where the victim is living, and led the victim to several times, and committed an indecent act by force against the victim under the age of 13.

2. 피고인은 2011. 11. 4. 00:10경 위 ‘C’ 도서대여점 안에서 영업시간이 종료된 후 가게 문을 닫고 실내 전깃불을 끈 다음 위 피해자에게 가슴을 보여 달라고 요구를 하였으나 거절당하자 피해자 몸 뒤에서 손으로 피해자의 가슴을 수회 주무르고, 피해자의 상의를 올려 브래지어를 내린 후 입으로 피해자의 양쪽 젖꼭지를 빨고, 피해자의 반바지 안으로 손을 집어넣어 성기를 만져 13세 미만의 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each statement made by witness G in the second protocol of the trial, D, F, and the third protocol of the trial;

1. Results of the examination of weather costs by this court;

1. Application of Acts and subordinate statutes to the opinion of the F of sexual assault experts;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, Rape, etc. under thirteen years of age), which is more severe punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, to be notified;