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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Criminal facts
On May 8, 2014, the Defendant, at the Changwon District Court, sentenced the Defendant to four years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) and completed the execution of the above sentence on August 9, 2017.
【Criminal Facts】
1. On November 4, 2018, the Defendant committed an indecent act by compulsion against the victim C (the female, 30 years of age) who was calculated in the restaurant located in Busan Yagu B, Busan Yagu, by extending to outside the victim’s own hand and avoiding the victim’s body, the Defendant forced the victim to commit an indecent act by force, such as extending the victim’s hand to the chest and moving back the victim’s chest.
2. Around 18:00 on November 13, 2018, the Defendant committed sexual abuse, such as sexual harassment, etc. that may cause a sense of sexual humiliation, against a child, who was alone on the road in front of Busan Seo-gu, Busan, by stating that the Defendant met the name tag attached to the victim E (here, 12 years of age) who was living alone on the road in front of Busan Seo-gu, and that “the four names must be given to him/her, where he/she should be given to him/her, and that “the four names should be given to him/her.”
[Fact of the cause of probation order] The defendant and the person requesting probation order (hereinafter only referred to as the "defendants") committed sexual crimes as stated in the judgment of the court below, in light of the following: (a) the defendant and the person having committed sexual crimes as stated in the judgment of the court below; and (b) the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) which are similar to criminal facts and the attitude of the act; and (c) the defendant
Summary of Evidence
1. Defendant's legal statement;
1. E police statement;
1. C’s statement;
1. Investigation reports (to hear the statement of damage from telephone conversations C), investigation reports (F counterpart investigation of witnesses), CCTV and field related to indecent acts by force.