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A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.
The defendant shall be a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
Around 16:40 on April 6, 2018, the Defendant: (a) at the 111st singing practice room located in Pyeongtaek-si B; (b) at the 11st entrance, the Defendant sent the victim’s chests while singing together with the victim D (the 13-year old age), and placed the victim’s chests in a sofa; (c) put the victim’s fingers into the sect; and (d) continuously put the victim’s fingers into the sect, put the victim’s fingers into the sect; and (d) put the victim’s fingers into the sect, put the victim’s hairs into the sc
Accordingly, the defendant, by force, committed an act of inserting a sexual organ into the mouth of a victim who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution concerning D;
1. 112 Reporting case management table;
1. The application of Acts and subordinate statutes to a criminal investigation report, a criminal investigation report (with respect to the results of appraisal by a foreign country) and accompanying materials;
1. Articles 7(5) and 7(2)11 of the Act on the Protection of Children and Juveniles against Sexual Abuse concerning criminal facts; Articles 2 and 60(2) of the Juvenile Act; Article 55(1)3 of the Criminal Act
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Exemption from disclosure order and notification order: 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 a child or juvenile);
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1542, Mar. 13, 2018) (it is determined that there are special circumstances in which employment should not be restricted to the defendant in light of the defendant’s age, family environment and social relation, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism,