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

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

Criminal facts

On June 7, 2014, at around 15:30 to 17:00, the Defendant: (a) went to a restaurant operated by the parent of the victim E (the 9-year-old parent) located in Taean-gun, Chungcheongnam-gun; (b) went to the coast of G G, G, adjacent to the F Port in the Yanan-gun, Taean-gun, Yan-gun, in order to take care of the victim together with the victim.

피고인은 위 G 옆 바위에 앉아 피해자에게 가까이 오라고 한 후 피해자를 껴안고 혀로 피해자의 얼굴을 핥고, 한 쪽 손으로 피해자의 가슴을 만지고, 다른 손으로 피해자의 성기 부분을 만지는 방법으로 피해자를 강제로 추행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement recorded in the video CD;

1. The police statement of H;

1. Each counseling day prepared by I;

1. Application of Acts and subordinate statutes to investigative reports (to telephone conversations of witnesses H, and attaching photographs of the accused);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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 Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive on the basis of criminal facts in the judgment, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria;