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Defendant shall be punished by imprisonment for a term of one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Criminal facts
1. On December 1, 2017, at the beginning of 05:00, the Defendant: (a) around 05:0, at the Sungnam-si building B and the house of the Defendant’s family head; (b) the victim D (the name of the family, the son, and the 17 years of age) who is a sheshel’s father, was aware that he was diving, known that he was she was her, and came to take the her hand in the victim’s inner part; (c) her chest was her chest, and (d) the victim was her chestd and her chestd and stopped the victim’s inner part.
The defendant continued to put his hand into the lower part of the victim and keep his fingers in the sound part.
As a result, the Defendant attempted to commit an indecent act against the victim by taking advantage of the mental or physical condition of the victim, or the state of impossibility to resist, but the victim was not locked and was not in the state of mental or physical disability or inability to resist.
2. At around 08:00 on December 2, 2017, the Defendant: (a) known that he was diving by the victim at the home room of the Defendant; (b) known that he was diving; (c) laid down his finger by the victim’s inner part; and (d) laid down his finger into the lower part of the victim.
As a result, the Defendant attempted to commit an indecent act against the victim by taking advantage of the mental or physical condition of the victim, or the state of impossibility to resist, but the victim was not locked and was not in the state of mental or physical disability or inability to resist.
Summary of Evidence
1. Statement made to D by the police;
1. A complaint;
1. Application of the Acts and subordinate statutes governing the Kakao Stockholm conversation and text messages;
1. Articles 15 and 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 29 of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The proviso to Article 27 of the Criminal Act, and Article 55 (1) 3 of the Criminal Act, of statutory mitigation;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;