Text
A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.
Reasons
Punishment of the crime
At around 08:20 on June 13, 2012, the Defendant: (a) opened the victim E (nivers, 8 years of age) at the playground in Seosan-si; (b) accessed the victim E (nivers, 8 years of age); (c) brought the victim into both arms and knives; and (d) committed an indecent act by taking about about 10 seconds of the victim into their hands.
Summary of Evidence
1. The defendant's partial statement in the second protocol of trial;
1. Each police statement of the F, G, H, and E;
1. A copy of the situation report;
1. Application of each statute on photographs;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;
1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction against the instant crime is finalized, the Defendant who has registered personal information under Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 38-2(1)1 of the same Act constitutes a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to a competent agency pursuant to Article 34 of the same Act.
The defendant's crime of this case on the grounds of sentencing is committed by indecent act by force against the victim, who is a child vulnerable to the crime committed in a playground in a school, where special protection is required. Considering the object, place, and method of the crime, etc. of the crime, the nature of the crime is poor. The defendant is punished by imprisonment with labor considering the fact that the victim, who is aged due to the crime of this case, appears to have received a considerable sexual humiliation and mental shock, even though he did not take any particular measure to recover damage, etc.
However, there are no criminal records of the defendant and there are no records of punishment for the last 20 years, the defendant also is a person with a disability of the second degree in mental retardation, and other various kinds of things such as the age, character, character and environment of the defendant.