A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

The defendant was 11 years of age with the victim B (n, 11 years of age) and was flick with the above C since several years, and was aware of it with the victim.

The Defendant, around the early July 2018, her first police officer, her drinking together with C at the house of the above C, Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, and her drinking together with C, went into the victim’s room.

피고인은 같은 날 03:00경 잠에서 깬 후, 옆에서 잠을 자고 있던 피해자에게 다가가 피해자가 입고 있던 반바지를 무릎까지 내리고, 손을 피해자의 팬티 안으로 넣어 손가락으로 음부를 꾹꾹 누르며 비비듯이 만지고, 피해자가 일어나 방에서 나가려고 하자 피해자를 밀쳐서 눕힌 다음 이불을 덮어씌워 움직이지 못하게 한 후 다시 손을 팬티 안으로 집어넣어 손가락으로 피해자의 음부를 누르며 비비고, 손가락을 음부에 삽입하였다.

Accordingly, the defendant assaulted the victim under 13 years of age to put his fingers into the victim's sexual organ, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The application of the statements and stenographic records by the victims recorded in the victim video CDs;

1. Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure, notification, and employment restriction orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018) shall be sexual crimes committed against the accused.