A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

From June 201 to August 201 of the same year, the Defendant committed indecent act by force by force against the victim E (here, 9 years of age) who is his/her father at the Defendant’s house or D’s house in Macheon-si, brought the victim’s mind to forcibly commit an indecent act, taken away the victim’s will and clothes, and exceeded the victim’s her part and clothes, cut off the Defendant’s her part and her part of his/her inner part, and led the Defendant to the Defendant’s sexual organ by taking the Defendant’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Stenographic records;

1. An expert opinion on child sexual assault case;

1. Application of Acts and subordinate statutes to interview victims and submit data;

1. Article 5 (2) 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is unable to impose an order to attend a course on the persons with disabilities of Grade II intellectual disabilities);

1. In light of the fact that the Defendant had no record of being punished for a sexual crime 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, the background leading to the instant crime, the circumstances after the instant crime was committed, etc., the mere fact that the Defendant committed the instant crime is in danger of a sexual assault and a recidivism.

It is difficult to deem that there is a need to impose a disposition such as disclosure and notification order that may significantly affect the rehabilitation of the defendant. The victims of sexual assault in this case are relatives with the defendant, which could cause secondary harm to the victim in the process of disclosing and notifying the personal information of the defendant, and the age of the defendant.