A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

around 15:00 on September 26, 2014, at the defendant's house located in 102 Dong 1506, the defendant committed an indecent act against a minor under 13 years of age by getting the victim D (5 years of age), who was playing in the vicinity of the same apartment playground, to view the defendant's self-defense behavior, and let the victim D (5 years of age), who was playing in the house of the defendant, in the vicinity of the same apartment playground, and let the defendant look at the defendant's self-defense, and let the victim get off the victim's lower body and clothes, and kis down the victim's sexual organ, and kis the victim kis

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (D), statement-recording CDs;

1. Each photograph (number 7, 8, 18 of the evidence list), written opinion of experts in sexual assault cases against children with disabilities, and field map;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 1, 6, 12, 19, 20, 22, 24 of the evidence list);

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. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) shall be the general standard and the basic area (four to seven years) of the sex offenses subject to the age of 13.

3. The crime of this case by which the defendant committed an indecent act against the victim, who is only five years of age at his house, and considering the content of the crime and the method of the crime, etc., the crime of this case is very poor in view of the fact that the victim and his family members appear to have suffered considerable mental impulse, and the victim and their family members want to be punished against the defendant.