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

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

Punishment of the crime

The defendant was aware of the fact that the victim D (V) who frequently play in the house of Pyeongtaek located in the same Dong Dong-dong was under 13 years of age with mental disability.

At around 10:30 on July 30, 2013, the Defendant discovered that the victim is playing in the middle of the house of the above C located in Jinju-si, E, and caused the victim to put in the middle arms of the victim who is frighten, put in the two arms of the victim who is frighten, put in the two arms of the victim who is frighten, put in the two arms of the victim who is frighten, put the victim into the pans, forced the victim to fright and pans over the pans, put the victim into the left hand so that the Defendant could not get out of the victim, put the victim into the part of the victim's drinking part, and shake it over several times.

Accordingly, the defendant committed an act to put the victim's fingers into the victim's sexual organ by intimidation against the victim under 13 years of age.

Summary of Evidence

1. Each legal statement of C and F;

1. A statement made in D contained in a video CD;

1. Each investigation report (in cases of confirming the place of damage, the collection of suspects, etc., and attaching photographs of victims);

1. The application of the medical records, opinions, opinions of experts on sexual assault against children with disabilities, and the statutes of response to requests for appraisal;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Article 50(1) of the Act on the Protection of Children

1. The alleged defendant was only married to his room on the date stated in the facts charged in the instant case.