A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

[Criminal record] On July 8, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13) at the Daejeon High Court, and completed the execution of the sentence on December 5, 2017.

[2] In a situation where the Defendant was unable to discern things or make decisions due to intellectual disability, the Defendant discovered the victim E (the age of 7) who was in a school in Asan-si D followed parking lot located in Asan-si, Asan-si, around August 8, 2018, and lost the victim’s misunderstanding by the victim, and committed an indecent act against the victim by using the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police stenographic record, each video recording CD in relation to E;

1. Statement made by the police with regard to F;

1. Investigation report (investigation into the victim's age);

1. On-site photographs, CCTV images, and CCTV images CDs;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of repeated offenses and reporting accompanied by judgments of the same kind of force related thereto);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of elective Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 49 (1) 2 and Article 50 (1) 2 of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles subject to an order to disclose or notify;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to twenty-five years;

2. Application of the sentencing guidelines [the types of decisions] shall be applied to sex crimes subject to the age of 13 or less, and the types of three types of sexual crimes [special sentencing factors] mitigation factors: Aggravationd factors of mental and physical weakness (no person responsible for the principal): At a special protection place.