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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On August 25, 2013, around 05:30 on August 25, 2013, the Defendant: (a) discovered the victim F (e.g., 7 years of age); (b) discovered the victim F; (c) did so; and (d) took rhym onto the victim’s side; and (c) took off the victim’s resistance to resist; and (d) took off the victim’s her port hand and her part with five minutes of her left hand, and committed an indecent act by force against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. F's statement of victim's written statement;
1. A criminal investigation report (related to the attachment of CCTV screen CDs recorded on the face of the criminal investigation site) and the application of accompanying CD-related Acts and subordinate statutes;
1. Relevant Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Sexual Crimes, Article 299 of the Criminal Act, and the choice of limited imprisonment;
2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):
3. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
4. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse subject to Disclosure;
5. The gender of a child or juvenile subject to notification of information, as defined in Article 50 (1) 1 of the Act on the Protection of Juveniles against Sexual Abuse.
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. Four to seven years of imprisonment with prison labor for the basic field [the range of recommending field] of the types of sex offenses subject to the age of 13 (determination of types of sex offenses) and the basic field of the punishment according to the sentencing guidelines (determination of types of sex offenses).
3. Determination of sentence: A sentence of imprisonment with prison labor for a period of two years and six months; the Defendant did not have any previous convictions other than a set of fine and a set of fines; the Defendant committed the instant crime, which was committed by him, and is against his depth, is favorable to the Defendant; on the other hand, the instant crime was committed by inserting hand, which was merely seven years of age when the Defendant was able to do so at a so set of a so that many and unspecified persons have access, and thus, it is very poor that the crime was committed by her sexual identity.