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A defendant shall be punished by imprisonment for four years.
The defendant shall complete the sexual assault treatment program for 120 hours.
Reasons
Punishment of the crime
At around 18:40 on July 12, 2012, the Defendant discovered the victim D (Woo, 8 years old) who was riding a bicycle at the front of Gwanak-gu in Seoul Special Metropolitan City, and let the victim go to the Defendant by getting the victim. On the other hand, the Defendant continued to have the victim go to the front of the Defendant by putting his hand into the knife with the knife inside the knife in which the victim was suffering, and brought him to the front of the Defendant by bringing his hand to the knife of the knife.
Accordingly, the Defendant committed indecent acts by compulsion against the victim, who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on video CDs;
1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;
1. Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);
1. Reasons for sentencing under Article 38(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);
1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and
2. Scope of the recommended punishment according to the sentencing guidelines [type of crime] / general standard / sex offenses against which the age is under 13] / Type 3 (Scope of recommending punishment] imprisonment for 4 years to 7 years (basic area);
3. Legally applicable sentences and recommended sentences: Four years to seven years of imprisonment.
4. Determination of sentence: Completion of a sexual assault treatment program with four years imprisonment and one hundred and twenty hours; and
5. The instant criminal act committed on the Defendant’s sexual flag by forcing a female victim, who is merely eight years of age and the Defendant’s argument and judgment of sentencing conditions, and by inducing the victim’s hand, is in mind of the spirit and body of the victim, and thus, from the society.