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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
From September 201 to March 8, 2015, the Defendant is a de facto relative with the victim, who was living together with the victim D (V, 12 years of age) E, the mother of F, and maintained de facto marital relationship under the Dobong-gu Seoul Metropolitan Government apartment building C from September 201 to March 2015.
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by compulsion of a minor under the age of 13) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
A. From around 11:00 to around 14:00 on November 2014, the Defendant: (a) took charge of the victim’s bridge while setting up the victim’s bridge from around 14:00 to around 14:00 on the day when the first half of the week is unknown; and (b) took charge of the victim’s bucks, bucks, knives, and chests from around 14:00 on the same day.
The defendant, using that the victim who is continuously under his protection and supervision, did not properly resist the victim, put both grandchildren into the victim's inner part, take charge of the breast, put the finger in panty and became the victim's sexual organ.
Accordingly, the defendant committed an indecent act against the victim under the age of 13 and committed an indecent act against the victim with relatives.
B. On November 2014, the Defendant gave the victim a protective note in the room of the above Defendant on a date on which the date cannot be known, and the Defendant got the victim's chests over twice in spite of the victim's refusal intention.
Accordingly, the defendant committed an indecent act against the victim under the age of 13 and committed an indecent act against the victim with relatives.
(c)
피고인은 2015. 3. 8. 16:00 경부터 같은 날 18:00 경까지 사이에 위 주거지 주방에서 순대, 떡볶이, 과 메기 등을 안주 삼아 술을 마시던 중 피해자가 실수로 막걸리가 담겨 있는 컵을 건드려 쏟자 피해자의 엉덩이를 손바닥으로 만졌다.
In this respect, the defendant has committed an indecent act against the victim under the age of 13 and is related to him.