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A defendant shall be punished by imprisonment for three years.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On February 2, 2012, at the defendant's house located in Gyeonggi-gun C, the defendant committed an indecent act against the victim by forcing the victim to commit an indecent act by forcing the victim to commit an indecent act by forcing him/her at the defendant's house located in Gyeonggi-gun C, 2012. The defendant committed an indecent act by forcing him/her by forcing him/her to take the victim's hand into custody by inducing him/her to take the victim's hand into custody.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement made by witnesses E, F and D in the second protocol of the trial;
1. Recording book (No. 103 through 109 of investigation records) and tape-recording files (no. 110 of investigation records);
1. Marriage relation certificates, etc. and ledger certificates, etc.;
1. Application of Acts and subordinate statutes to investigation reports (the details of the purchase of victim's DNA Handphones);
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;
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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) does not have any history of being punished for sexual assault against the Defendant under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the victim of the instant case is likely to cause secondary harm to the victim in the process of disclosing and notifying the personal information of the Defendant in blood relationship with the Defendant; the Defendant’s completion of sexual assault treatment program is deemed to have a considerable effect to prevent recidivism by ordering the Defendant to do so;