A defendant shall be punished by imprisonment for seven years.

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

Punishment of the crime

From around 2008, the Defendant had been living together with C and her girls with D.

On January 23, 2010, at the defendant's house No. 103 of the Daejeon Seo-gu building No. 103, the defendant, at around 23:00, expressed his intent to engage in sexual intercourse with the victim(s) who was intending to sleep by using a gap in attendance at night work by the nurse C, and exceeded the victim's clothes, and inserted his sexual organ into the part of the victim's sound.

Accordingly, the defendant had sexual intercourse with the victim under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 8-2 (5) and (1) of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 8-2 (1) of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 297 of the former Criminal Act (amended by Act No. 11574, Apr. 15, 2010); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

2. The reason for sentencing under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the reason for sentencing under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Persons who are not subject to mitigation (6 to 9 years) in the area of mitigation (6 to 9 years) (special mitigation) of types of sex offenses subject to the age of 13, which are subject to the general standards of sentencing criteria (the scope of recommending punishment).

2. Determination of sentence: The instant crime of seven years of imprisonment is a case in which the Defendant, in fact, has sexual intercourse by force when he is nine years of age with the victim who is a shelves of his own.

This is against human dignity committed by the defendant who has a duty to rear and protect the victim, rather than by neglecting his/her duty, to satisfy his/her sexual desire.