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 course for 40 hours.

Punishment of the crime

The defendant is a foreigner of Sri Lankan nationality.

On July 22, 2018, at around 04:14, the Defendant discovered the victim D (tentative name, south age, 11) who was divingd on the third floor of “Crriba” located in Seo-gu Incheon, Seo-gu, Incheon. The Defendant Dacked the victim’s left part, carried the victim’s bridge on the part of the Defendant’s ship, knife the victim’s hand, knife the victim’s view with his hand, knife the victim’s body, knife the victim’s body from the lock, knife the victim’s body from the Defendant, knife the victim’s body with both hand, knife the victim’s body, and knife the victim’s body into the Defendant’s body, and knife the victim’s knife with his hand.

Accordingly, the defendant committed an indecent act against a child under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. Stenographic records;

1. Data from CCTV image analysis and opinions of experts in cases of sexual violence against children with disabilities;

1. Application of Acts and subordinate statutes to report internal history (CCTV image data analysis);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the fact that the accused has no record of criminal punishment, 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 registration of personal information alone appears to have the effect of preventing the recidivism of the accused to a certain extent, and the age, occupation, family environment, and social relationship of the accused;