A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Criminal facts

At around 04:30 on August 15, 2010, the Defendant committed an indecent act against the victim who is a child or juvenile by force against the victim's will and panty by taking out the victim's fright and panty in the family surface room located within the soup crying crying cryp of the family surface of the victim's intellectual disability 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, and D;

1. Each police statement made to D and E;

1. A complaint;

1. A child victim investigation report;

1. Application of a soup photograph, on-site map, and supuping-up photographs;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 38(1)1 and (3), and Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Summary of the assertion

A. The Defendant does not commit an indecent act against the victim in the family water surface room only by cutting down the lock in the male water surface room and in the front corridor, but did not locked in the family water surface room, or at the same time.

In light of the fact that the victim and his mother selected the Defendant divingd in the corridor as a criminal offender, the victim and his mother identified him, and that all persons, including the Defendant, were making soup, making soup within the family waters room, which is the place where the crime was committed, were making soup. In light of the fact that all persons, including the Defendant, were making soup, the victim’s crime category as above is lower

나. 피해자는 단지 “잠에서 깼는데 무서워서 그냥 있었어요”라고 진술하고 있을 뿐 범인이 피해자의 의사를 제압할 만한 어떠한 행동을 하였다고 진술하지는 않고 있으므로, 설령 피고인이 피해자를 추행하였더라도 피해자에게 어떠한 위력을 행사하였다고 보기 어려워 아동ㆍ청소년의 성보호에 관한...