A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

Around 07:40 on March 29, 2018, the Defendant: (a) on the front side of the Mayang-si B of the Mayang-si, Annyang-si, the Defendant reported the victim C (one year old, 17 years old) coming from the Defendant’s opposite part; and (b) took the mind that indecent act by force by force by force by force by force by force by force by the Defendant, and (c)

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of D, E, F, and G;

1. Application of the Acts and subordinate statutes governing the exploitation of victims;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Mitigation of discretionary mitigation 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in addition to the instant case, the Defendant does not have any history of punishment for sex offense, and thus, it is difficult to readily conclude that there is a risk of recidivism against the Defendant. The Defendant’s personal information registration of the Defendant and orders to complete sexual assault treatment programs is anticipated to have the effect of preventing recidivism even; the Defendant’s age, character and behavior, environment, motive, means, and consequence of the crime; circumstances after the crime; the benefits and preventive effect expected by the disclosure order or notification order; and the disadvantages and anticipated side effects of the Defendant therefrom, the Defendant’s personal information shall not be disclosed or notified.

1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 3 of the Addenda (Act No. 15352, Jan. 16, 2018); the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Mar. 13, 2018).