A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a person who was under the influence of the victim B (the 16 years of age at that time).

On August 5, 2008, the defendant, around 01:00, committed indecent acts by using the condition of the victim's heart loss by inserting his fingers into the clothes of the victim who was locked in the building in Gwanak-gu in Seoul Special Metropolitan City and the house of the defendant in the second floor.

Summary of Evidence

1. Legal statement of the witness B;

1. Materials of conciliation of victims B, and recording materials of victims B;

1. Application of the Acts and subordinate statutes on telephone recording;

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010); Article 7(3) and (2) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010); Article 299 and Article 298 of the Criminal Act of the same Act (amended by Act No. 10259, Apr. 15, 2010)

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. As to orders to complete programs, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In this case, the disclosure order and the exemption order of employment restriction order shall not be subject to the notification order pursuant to the proviso to Article 1 and Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 10260, April 15, 2010), since they were committed before January 1, 201.

Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 18, 2012); Article 3 of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 15452, Mar. 13, 2018); and Article 3 of the Act on Welfare of Persons with Disabilities.