A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

피고인은 2018. 봄 일자, 시간 미상 경 충북 증평군 B 피고인 주거지 앞 노상 평상에서, 동생과 함께 자전거를 타고 놀던 피해자 C(가명, 여, 당시 9세)를 불러 피고인의 무릎 위에 마주 보고 앉힌 다음 손가락으로 피해자의 바지 위로 음부를 만지고, 피해자가 발버둥을 치며 반항하였음에도 불구하고 “가만히 있어”라고 말하고 계속하여 피해자의 옷 위로 피해자의 가슴과 젖꼭지 부위를 쑤시듯 세게 주물러 만지고, 집에 가려는 피해자의 엉덩이를 손으로 툭툭 쳤다.

Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness C (alias) and D;

1. C’s statement contained in a video CD;

1. Application of Acts and subordinate statutes to cover the preparation of victims and written confirmation of school violence (for victim) to the victim;

1. Relevant legal provisions concerning facts constituting an offense, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (the occupation of indecent acts by compulsion of minors under the age of 13 and the choice

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following 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 fact that it is difficult to readily conclude that a defendant has a risk of re-offending of a sexual crime, such as having no record of punishment against the defendant for a sexual crime, etc. under 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 fact that the defendant’s registration of personal information against the defendant and the completion of sexual assault treatment program can have the effect of preventing re-offending, and other matters, such as the defendant’s age, occupation, family environment, social relationship, method and consequence of the crime, disclosure order, the preventive effect expected by the notification order,