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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On May 10, 2013, at around 20:30, the Defendant sent a public toilet at approximately 60-70 meters distance from the bus stop located in the Socheon-gun, Gancheon-gun, in front of the bus stop, where the juvenile victim C (here, 16 years of age) was in a toilet, and asked him where he was in a toilet, and followed the victim.
The Defendant, by taking advantage of the circumstances where only the Defendant and the victim are placed in the above public toilets, failed to resist the victim, such as putting the victim's shoulder by a sudden hand, and committed an indecent act by force against the victim by putting the left hand into the lower part of the panty line.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of the victim recorded in the video CD;
1. Application of Acts and subordinate statutes to report the occurrence of cases;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;
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 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where the facts constituting a crime in the judgment against the Defendant who has registered personal information under Articles 38(1)1 and 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse are affirmed, the Defendant is subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse. As such, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 5(1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012); Article 43 of the Act on Special Cases Concerning the Punishment,
Reasons for sentencing
1. The range of applicable sentences: Imprisonment for not less than six months.