A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal power] On October 28, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Military Service Act at the Incheon District Court on December 28, 201 and completed the execution of the sentence on December 13, 2012.

【Criminal Facts】

From July 2013, the Defendant lived with D in Western-si C and 104, and lived with D in addition to D, the Defendant was living together with E (here, eight years of age) who is his/her father.

On September 22, 2013, from around 20:00 to 21:00 on the same day, the Defendant, while drinking mixed alcoholic beverages with D while leaving only the Defendant and the victim in the house and working at the workplace, was committing an indecent act by compulsion by force by inserting the victim who was reporting television on the side floor of the Defendant, putting two fingers of the Defendant’s fingers into the panty of the victim who was enjoyed, by inserting two fingers of the victim’s fingers into the part of the victim, and raising the victim’s fingers in depth of 2 miles.

Summary of Evidence

1. Defendant's legal statement;

1. The statements made by E in the video CD;

1. Each statement made by the police officer in relation to F, G, and D;

1. Requests for connection to investigations of abused children;

1. Previous records: Application of Acts and subordinate statutes to the accused's criminal records, etc. inquiry reports, personal identification and confinement status;

1. Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the decision on the registration of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.