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

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who illegally stays in Vietnam's nationality and is in a relationship with the father and mother of the victim E (V, 10 years of age).

From August 2016 to October 2017, the Defendant 22:00 on a day between 22:00, at G 402 Hodong-si F, the Defendant met with the Defendant’s worship, etc., and collected her hand with clothes, and her part was her part.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the statement of E;

1. Statement made by the police with H;

1. Case summary and consultation report;

1. Reports on internal investigation (the interview with the other party to the victim and the specification of the suspected person);

1. An expert opinion on the same sexual assault case;

1. Application of Acts and subordinate statutes on records of foreigners registered;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 299 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Reasons for sentencing in the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Juveniles from Sexual Abuse against Children subject to an order of disclosure or notification;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Type 3 (Special Sentencing Persons): The elements of mitigation of punishment (the area of recommendation and the scope of recommendation), the area of mitigation of punishment, and two years and six months to five years, respectively; and

3. Determination of sentence: Imprisonment with prison labor for two years and six months, and suspended execution for four years, the crime of this case is committed by the defendant as the child of a female in the military, where the victim who is the elementary school student only creshes the creshes, and commits an indecent act by inserting hand with clothes, and it is not good that the crime is committed.

The victim is due to the crime of this case.