A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and three months.

Sexual assault against the defendant for 40 hours.

Punishment of the crime

On December 28, 2015, at around 08:00 to around 09:10, the Defendant opened a door door that was not corrected in the residence of the victim (or 10 years old) in Jeju City, and entered the victim's dice room without any helper, thereby hiding the new post under the supervision of the Defendant.

As seen above, the Defendant concealed the fry at the victim’s speech room, and then, from around 09:10 on the same day to around 09:30 on the same day, the Defendant entered the victim’s inner room where the victim was able to sleepd, and came up side by the victim’s side, and continued to put the victim’s hand into the victim’s bry and panty, and kept up the lower part of the said part.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by taking advantage of the victim's potential resistance situation after intrusion upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the victim and a video CD recorded by the victim;

1. Statement made by the police against D;

1. A report on investigation (Attachment of on-site photographs) and related photographs;

1. Investigation reports (to be accompanied by expert opinions, etc. of sexual assault cases against children or disabled persons), investigation reports (to record telephone conversations with their father) and accompanying materials;

1. Application of Acts and subordinate statutes to investigation reports (12 pages of investigation records), investigation reports ( listening to statements by the victim), investigation reports (specific reports, such as intrusion time in the victim's residence);

1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 299 of the Criminal Act (a crime of indecent act by compulsion of intrusion upon residence), Article 7(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a crime of indecent act by compulsion of a minor under 13 years of age);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;

1. Selection of alternative abandonment of punishment;

1. Articles 2 and 60(2) of the Juvenile Act, and Article 55(1) of the Criminal Act.