A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

The Defendant, from July 24, 2015 to December 25, 2015, had a victim D (the 12-year-old age-old), who was locked in the dwelling space of the Defendant’s home located in the Seoul Western-gu C and 101 and 302, moved away from the victim’s boom and clothes, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with a minor under the age of 13 by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement or stenographic record of a victim recorded in stenographic records, CD, etc.;

1. Statement in the police statement protocol with respect to E and F;

1. Descriptions of a gene appraisal report;

1. A written opinion, a record of life, a written opinion for consultation, and a written opinion on a child sexual assault case;

1. Application of the Acts and subordinate statutes in the investigation report (requesting of suspect A’s DNA identification samples and acceptance, results of genetic appraisal replies - gene comparison analysis consistent with that of suspect A);

1. Article 7 (5) and Article 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes (Optional to Imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. In full view of the following: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure and notification order; (b) the details of the instant crime; (c) relationship between the Defendant and the victim (if the Defendant’s personal information is disclosed or notified, it is likely that the victim’s information may also be disclosed); (d) family environment; (e) the risk of recidivism; and (e) the benefits and preventive effects expected by the instant disclosure order and notification order; and (e) the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Judgment] Grounds for sentencing

1. The scope of punishment by law: Imprisonment for not less than five years;