A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a guardian of the learning ground B elementary school, and the victim C (the victim, the 6-year old) is a student attending the first year of the above school.

On May 9, 2019, at around 15:30, the Defendant discovered a victim who was waiting for a private teaching institute bus in front of the office, and caused the victim to enter the above office. The Defendant: (a) found the victim who was waiting for a private teaching institute bus in front of the office, and (b) decided that the victim enter the office with a higher weather.

Since then, the defendant, on the side of the victim who was seated in his knee, has knee in the victim's knee, has kneed the victim twice as the victim's kne, has taken knee twice as the victim's kne, has taken kne over two times as the victim's kne, has taken over the victim's kne over twice as the victim's kne, and has a part of the victim's kne

Accordingly, the defendant committed an indecent act by force against a minor victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Stenographic records and statement analysis opinion in relation to C;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of field photographs);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. It is difficult to readily conclude that a defendant exempted from an order to disclose or notify information has a risk of recommitting a sexual crime because he/she has no record of sexual assault, and thus, is sentenced to a sentence, order to complete a program, or order to complete a program against the defendant.