A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is a person who is aware of the lack of intellectual ability of the victim as he/she knows from the time he/she turns out to the time he/she turns out, and knows that the victim falls under class 2 of intellectual disability between father and father of the victim C (n, 17 years of age).

The Defendant, around June 2012, at the Defendant’s residence located in D and 103, committed an indecent act by force against the victim by putting off all clothes against the victim’s will, breaking off, shouldering, chest, arms and legs, exposing the victim’s chest and neck, etc., when the victim (the age of 12 at that time) visited the Defendant’s father E in order to walk.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement of witness E;

1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Stenographic records of the remaining saw Support Center;

1. Recording notes;

1. Counseling opinion;

1. Opinion on sexual assault case;

1. Application of Acts and subordinate statutes to report on investigation (final judgment on a separate sexual assault case against a victim);

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act regarding criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 21(2) main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 4 of the Addenda (Act No. 11572, Dec. 18, 2012);

1. The former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) (the Defendant’s age, environment, degree of risk of repeating a crime, including that of sexual assault committed against the Defendant