A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

On March 20, 2015, the Defendant: (a) sent meals to D’s house located in Seo-gu Incheon, Seo-gu, Incheon, c apartment 301 Dong 1408; (b) went back to the victim E (in women, 5 years old); and (c) performed drinking together with other people, the Defendant was willing to commit an indecent act against the victim by using the gap in which the victim’s mother was living together.

On March 21, 2015, at around 01:00, the Defendant put his hand in the victim’s clothes, which he was divingd at the inside of the above D’s house, and talked with his breast and her mare, and put his hand into the sound part by inserting hand with panty.

(1) At the same time, the victim tried to deduct the victim from his/her hands while speaking that he/she would not take the defendant's hand in diving, but forced to put him/her into his/her finger.

After subtracting, one's fingers were put in the drafting of the victim.

Accordingly, the defendant committed an act of inserting part of the body in the sexual organ of a minor under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. Statement of the police statement of witness F;

1. Application of statutes on experts' written opinions to child sexual assault cases;

1. Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In full view of all the circumstances, such as the Defendant’s age, occupation, growth environment, criminal record, and risk of repeating a crime acknowledged in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the Defendant’s personal information shall not be disclosed or notified.