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

The defendant was a learning-based teacher belonging to D Yangyangyang, and the victim E (V) was a student who was given a visiting guidance from the defendant.

On February 6, 2017, at the victim's house located in the F of Gyeyang-gu Incheon, the defendant shown that the victim's color writing is attached to the hand floor during the visit map, and that the victim's color pen was cut off with the victim's bridge, and the color pen was cut off three times with the loss of hand.

Accordingly, the defendant committed an indecent act against a minor under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of stenographic records (E) Acts and subordinate statutes (No. 2);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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. In full view of the Defendant’s age, environment, family relations, social ties, criminal records and the risk of recidivism, profits and preventive effects expected by an order of disclosure notification, disadvantages and side effects therefrom, etc., there are special circumstances in which the disclosure of Defendant’s personal information may not be notified.

[Determination]

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;

2. Application of the sentencing criteria [the types of decisions] and the general criteria for sex crimes subject to the age of 13 and the factors to be mitigated] type 3 (Special Indecent Acts by Forced Sentencing): Where the degree of conduct is weak (one and three types): Imprisonment with prison labor for not less than two years and six months and not more than five years;

3. Determination of sentence: The defendant shall commit the instant crime in two years and six months of imprisonment;