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A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 300 hours.
Reasons
Punishment of the crime
The defendant is the father of D, who is the father of the victim C(Y, 6 years of age) and who was called "Trisan" from the victim by visiting the victim's house for several years.
On June 27, 2013, the Defendant: (a) around 21:00, at the small room of the victim's house located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) reported that the victim was absent from the victim, was playing together with his birth; and (c) provided a cell phone to the victim's scare and her birth so that the victim could play games; (d) allowed the victim to sit on the knee of the defendant; and (e) allowed the victim to sit on the knee of the victim; and (e) allowed the victim to do so by hand.
The defendant continued to see the victim's right to self-return against the victim, thereby preventing him from leaving the victim covered, and then, when the victim's bridge is set up with the defendant's bridge, suppressing the victim's resistance, suppressing the victim's her her bat and her bat with his her hand, and put the victim's sexual flag into the victim's her bat and her bat.
Accordingly, the defendant assaulted the victim under 13 years of age to put the victim's sexual organ into the mouth of the victim.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each prosecutor's protocol of statement concerning D and F;
1. Each police statement of G and H;
1. Records in each protocol;
1. Application of Acts and subordinate statutes on resident registration;
1. Article 7 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the main sentence of Article 21 (2) of the Act on the Protection of Children
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the age, family relationship, and environment of the accused under 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;