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A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.
Reasons
Punishment of the crime
The defendant is a swimming instructor and the victim B (the victim B, the 10 years of age, the female) was given a swimming course from February 2, 2017 to May 2019.
At around 00:04-01:17 on May 28, 2019, the Defendant: (a) committed an indecent act against the victim, with children, including the victim, at the front city hotel C hotel D in the front city, with the mind that the Defendant was seated, put the victim on the left side of the Defendant, and opened the victim’s body on the back of the Defendant; (b) covered the victim’s body with the victim’s back, putting the hand into the victim’s back on the back, and thereafter, as the Defendant was in charge of the part of the victim’s back, putting the victim’s hand into the victim’s panty, boom the part of the victim’s back to the victim’s back, and kid up the victim’s chest by keeping the victim’s hand into the victim’s back.
Therefore, when the victim is faced by his body, the defendant divided the victim's bridge into the right bridge to prevent the victim from leaving his/her bridge, and then the victim's vessel and the part of his/her body were met.
Since then, the defendant got the victim to be placed on the defendant's side because the victim was sleeped in the toilet, and let the victim be placed on the defendant's side, put his hand into the clothes, and was in charge of the part between the victim's ship and the negative part.
Accordingly, the defendant committed indecent acts by force against the minor victim under the age of 13.
Summary of Evidence
1. The defendant's partial statement in court room B of witness B;
1. A statement made by the victim B in the video CD;
1. A victim's stenographic record on B of the suspect examination protocol prepared by the prosecution against the defendant;
1. Application of Acts and subordinate statutes, such as on-site photographs (160 pages of investigation records) and investigation reports (written opinions of experts in statement analysis), investigation reports (the contents of the conversation with the victim and the Young Team E), investigation reports (the time of damage specified);
1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and Article 298 of the Criminal Act concerning criminal facts.