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 80 hours.

Criminal facts

The Defendant, as a teacher teaching after-school golf in the F elementary school located in Busan Southern-gu E, was a golf course from March 2012 to December 2, 2012, to the victim G (V, 8 years old) who is the above elementary school student from March 2012.

The Defendant, from September 20 to December 12 of the same year, from around 13:00 to around 13:50 on the day, had a victim under golf practice at a golf practice room on the first floor above the above elementary school, felfed one hand of the victim, kneee of the defendant, knee of the defendant, and kned up his hand with the victim’s panty, rhumd up his hand, third up 2 and 3 times with the victim’s panty, and forced the minor victim under the age of 13.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each prosecutor's office and police protocol against G, H, I, and J;

1. Application of Acts and subordinate statutes to each investigation report (in cases of attaching data, such as a suspect employment contract, attaching field photographs, attending orders from September 5 to December of the same year, etc.);

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); 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. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Articles 38 (1) and 38-2 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);

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

2. The persons who are engaged in the crime of indecent acts by force (special-speed persons) at a special protection place, persons obligated to report or persons in charge of protective facilities, etc., within the scope of sentence [decision of type] according to the sentencing criteria, general standards for sex offenses against the persons under thirteen years of age;