A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

피고인은 2012. 9. 22. 18:40경 서울 영등포구 C식당 앞에서 그곳에서 놀고 있던 피해자 D(여, 7세)를 강제추행할 마음을 먹고 피해자에게 다가가 주먹으로 때릴 듯이 위협을 한 후 치마 속으로 손을 집어넣어 쫄바지 위로 음부를 1회 만지고, 계속하여 피해자가 위 식당 앞 파라솔 쪽으로 도망가자 뒤쫓아 가 다시 손을 치마 속으로 집어넣어 쫄바지 위로 음부를 1회 만져 그녀를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing stenographic records of protocol concerning D;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Articles 38 (1) 1 and (3), 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment with prison labor for up to 5 years; and

2. The range of recommended sentences according to the sentencing guidelines [the range of recommended sentences] [the range of crimes] group of sex crimes, general standards, sex offenses against a person under the age of 13, and types of Type 3 [the range of recommended sentences] [the range of persons under the age of 13] shall be four to seven years of imprisonment.

3. Determination of sentence: The crime of this case for the five-year term of imprisonment was committed by the defendant two times by indecent act by force, and its nature is not good in light of the method of crime, form of act, age of victimized children, etc.; the defendant committed the crime of this case without being aware even during the period of suspension of execution; the defendant, who is an adult who must protect children to have a sound sexual sense and awareness, seems to have committed the crime of this case against the victim under the age of the defendant, thereby causing the mental shock, pain, and sense of sexual humiliation of the victim, and thereby, the growth and development of victimized children.