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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The Defendant, from October 9, 2017, is a part-time person who manages students who have attended training sessions in E E-Selel located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.
On October 12, 2017, from around 02:26 to around 02:32, the Defendant went to a 319 room while performing the duty patrol at the above scam room, and entered the 319 room. During the week covered the interest of the victim F (F) who was diving, the Defendant placed her hand floor three times with her hands from the victim’s clothes to the her scam, and continued to have her hand her hands over at the victim’s panty, her hand was laid down in the victim’s panty, and the Defendant her hand her hand her hands back to the direction of viewing that the victim is reasonable, and her hand her part was cut back with the victim’s panty, and thereafter her her part was scamed with the upper part, and her part was scamed with the victim’s clothes.
Accordingly, the defendant committed an indecent act by using the victim's resistance impossible condition under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. A video CD recorded by the victim;
1. Investigation reports (the confirmation of CCTV at damaged areas and the time for crimes), and the application of the Acts and subordinate statutes related to CCTV files for E-Sel Hoel;
1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 299 and 298 of the Criminal Act concerning criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no history of sex offense against the defendant, and the crime of this case is not against many unspecified victims, and the crime of this case is not against the defendant's age, occupation, family environment, social relationship, etc., which results in preventing re-offending even if the defendant was sentenced to imprisonment and completed sexual assault treatment programs.