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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 is the husband of the female her husband who is the father of the victim B (a family name, 9 years of age, and female).
At around 06:30 on January 5, 2020, the Defendant got the Defendant to talk with the Victim’s chest, putting the Victim’s chest into the victim’s clothes as soon as possible, putting the Victim’s fingers into the victim’s clothes, and putting the Victim’s fingers into the victim’s fingers.
Accordingly, the defendant committed an indecent act by force against the victim who is a person under 13 years of age at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police's statement statement E to the victim's statement recorded in the video CD;
1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent acts by force based on relative relations), Article 7(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act (the occupation of indecent acts by force against minors under the age of 13, and the choice of limited term imprisonment);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. It appears that there is no record of committing any sexual crime against the Defendant under the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the Defendant’s imprisonment with labor; the registration of personal information; the completion of a sexual assault treatment program; and the imposition of a employment restriction order can expect the effect of preventing recidivism to a certain extent; and other reasons are attributable to the Defendant’s age, family environment, the background of the instant crime, and the disclosure order.