A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Criminal facts

On November 23, 2017, the Defendant was sentenced to six months of imprisonment by the Changwon District Court for a violation of the Road Traffic Act (drinking driving), and the judgment became final and conclusive on December 1, 2017.

1. In 2017, the Defendant committed an indecent act on the part of the victim’s mother, who was aware of the victim’s C (V at the time, the Defendant committed an indecent act on the part of the victim’s clothes above the part of the victim’s house located in the window E at Changwon-si around 22:00, around 2017.

Accordingly, the defendant committed an indecent act against a minor under the age of 13 by taking advantage of the victim's resistance impossible condition.

2. On July 9, 2017, the Defendant, at around 02:00 on July 9, 2017, inside the bridge of the victim, who was divingd by panty only after having panty put in the victim’s home at around 02:0 and 203.

In this case, the chest and fluor were fluorized with the clothes above the clothes of the fluor.

Accordingly, the defendant committed an indecent act against a minor under the age of 13 by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Entry of the witness D in the third public trial protocol;

1. Statement made by the police against D;

1. A report on investigation (as regards the situation of on-site mobilization, witness's statement, etc.);

1. Reports on internal investigation (the telephone conversations between victim gathering D and the verification and attachment of the table for processing reports 112 reported cases, telephone conversations for the victim's cooperation in his/her mother's oral statement, interview with the victim's mother's oral statement, etc., the date and time confirmation of the victim's relative crime, photograph of the place of crime

1. Previous convictions: Application of the results of inquiry, such as criminal history, investigation reports, and accompanying statutes;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes;

1. The latter part of Article 37 of the Criminal Act on the Punishment, etc. of Concurrent Crimes: Provided, That Article 39(1) [the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under 13 years of age) and the judgment on December 1, 2017 shall be rendered.