A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

The defendant is the father and father of the victim B (son, 10 years of age).

On September 2, 2018, the Defendant: (a) around 21:00, the Daejeon Seodong C building, and (b) the Defendant’s house located in the second floor, called the Defendant’s house, put his fingers into the victim’s panty, put his fingers into the victim’s sexual flag, and put his fingers into the victim’s sexual flag two times with the next handlight.

Accordingly, the Defendant committed by force the act of inserting part of body, such as fingers, in the sexual period of a person under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The statements and stenographic records made in B by each video recording CD;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes concerning resident registration;

1. Article 7 (5) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. In light of the facts leading up to the instant crime, including the Defendant’s penal punishment and personal information registration, orders to complete sexual assault treatment programs, and employment restriction orders, the Defendant appears to have an effect of preventing recidivism to a certain extent. In light of 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 Defendant is not subject to punishment for a sex offense.

Furthermore, the victim's personal information is likely to be exposed to the victim's personal information if the victim's personal information is disclosed and notified to the defendant, and there is a risk of secondary damage to the victim in the process.

In addition, the age, occupation, environment, family relationship, and society of the defendant.