A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On January 9, 2015, at around 15:18-16:01, the Defendant asked the victim E (here, 10 years of age) of a mixed victim in Jinju-si, in D (cafeteria) in Jinju-si, and asked the victim E (here, 8 years of age) “hin, hin or hin at the hospital where she was hospitalized.” The Defendant forced the victim to commit an indecent act by force, “the victim hins his her son and hin, this hin hin,” and “the victim hins his son and hin hin,” and forced the victim to sit in the Defendant’s knee, knick in the victim’s clothes, and hin the victim’s clothes.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Video tape CD (E) or stenographic records;

1. Statement made to F and G by the police;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List, report on internal investigation (on-site CCTV verification) and report on internal investigation (on-site CCTV verification);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigations 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The alleged defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

2. According to the evidence duly admitted and examined, the Defendant could acknowledge the fact of drinking at the time of the instant case, but can be seen by the evidence as seen earlier.