A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is the victim B (n, 11 years of age) who is a big child.

1. The Defendant, at around 16:00 between the end of August 2019 to September 11, 2019, moved the victim in knee in his knee and placed the victim in his knee with dancing with the victim’s own entrance.

Accordingly, the defendant committed an indecent act against a relative related person by force.

2. On the day following the date mentioned in paragraph 1, the Defendant placed the victim at the places described in paragraph 1 at around 16:00, after having the victim enter the place near, and after having the victim enter the place, placed him/her at his/her own seat with a reduction of the victim’s shoulder and face.

Accordingly, the defendant committed an indecent act against a relative related person by force.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report (such as the statement of victimized child) by the police on the defendant's legal statement B;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) due to the crimes falling under paragraph (1) of the same Article which are heavier than the criminal administration];

1. The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an order to take into account the favorable circumstances among the reasons for sentencing, under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso to Article 50 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) does not have any history of being punished as a sexual crime; the Defendant and the Defendant.