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 40 hours.

Punishment of the crime

[Criminal Power] On July 15, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on July 15, 201, and completed the execution of the sentence at the Gwangju Prison on December 11, 201.

【Criminal Facts】

The defendant is the father and father of the victim C(M, 14 years of age).

1. On January 2014, the Defendant committed an indecent act against the victim by putting the Defendant’s finger in the new wall of Dong E located in the Bupyeong-gu Incheon Bupyeong-gu DB02, resulting in a locked victim’s clothes, putting the Defendant’s finger in front of the victim’s clothes, and continuously putting the Defendant’s finger in the victim’s panty in the victim’s sexual flag, and putting the Defendant’s finger in the victim’s panty, thereby taking the Defendant’s finger into the victim’s sexual flag, taking advantage of the victim’s mental disorder or the state of failing to resist.

2. On January 30, 2014, the Defendant committed an indecent act by inserting the Defendant’s fingers into the victim’s panty in the victim’s panty line by inserting the Defendant’s fingers at the victim’s living together with his/her grandparents at Bupyeong-gu Incheon, Incheon, 201 Dong 406, and by continuously saving his/her fingers in the victim’s clothes, and saving the Defendant’s fingers into the victim’s panty line, thereby gathering the Defendant’s fingers into the victim’s panty line, and taking the Defendant’s fingers into the victim’s spanty in the victim’s sexual organ, and taking advantage of the victim’s mental disorder or the state of failing to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Family relation certificate:

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (related to repeated crimes) and Acts and subordinate statutes;

1. Article 5 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.