A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

At around 16:50 on November 10, 2017, the Defendant committed an indecent act by force against the victim, who was a child under 13 years of age, on one hand, returned home to the head of the D Child Care Center “D Child Care Center” located in Yangju-si, in Yangju-si, in order to prevent the victim from resisting the victim as if he was able to do so with one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the Gyeonggi-do Sea Center;

1. Report on internal investigation (verification, etc. of CCTV for the purpose of fire prevention) and application of Acts and subordinate statutes governing field photographs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. As to the defense counsel’s assertion of the defense counsel under Articles 49(1) and 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children subject to Disclosure and Notice Order, the defense counsel held that the Defendant, who has proved alcohol content, was in a physical and mental state at the time of committing the instant crime under the influence of alcohol.

The argument is asserted.

According to the evidence duly adopted and examined by this court, the defendant had been hospitalized several times as a result of alcohol's existence, and the fact that the defendant was in drinking condition at the time of committing the instant crime was recognized.

However, Article 10 of the Criminal Act on the Punishment, etc. of Sexual Crimes may not apply to a sexual crime committed in the state of mental disorder caused by drinking (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Therefore, the above assertion by

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] [the general criteria for sex offenses subject to the age of less than 13] and the degree of the commission of the three types (the person subject to special sentencing] (the person subject to mitigation] (the scope of the recommended sentencing] (the decision and the scope of the recommended punishment] reduced area, and two years and six months of imprisonment.