1. The defendant shall be punished by imprisonment for two years;

2. The defendant shall complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[Criminal record] On November 25, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Chuncheon District Court on December 3, 2015, and the judgment became final and conclusive on December 3, 2015.

[Criminal facts]

1. 미성년 자의 제강제 추행 피고인은 2015. 3월 중순 일자 불상 05:00 경 강원 춘천시 C 아파트 00동 00호에 있는 피해자 D( 여, 12세) 의 주거지 작은 방에서 바닥에 옆으로 누워 있는 피해자 앞에 마주 보고 누워 피해자를 꼭 끌어안고, 계속하여 피해자의 등 뒤쪽으로 자리를 옮겨 누운 다음 피해자의 브래지어 안으로 손을 집어넣어 양쪽 젖꼭지를 번갈아가며 잡아당기듯이 만졌다.

Accordingly, the defendant committed indecent act against the victim under 13 years of age.

2. On May 11, 2015, the Defendant for similar rape of a minor: (a) obtained from the victim D (n, 12 years of age) who was employed by the victim at a small room located in the area of residence of the victim D (n, 12 years of age) located in Switzerland-si, Chuncheon-si on May 11, 2015; (b) took off the victim’s titts and ear; and (c) obtained the victim’s hives from the lock.

빼. 힘을 좀 풀어 ”라고 하면서 피해자의 팬티 안으로 손을 집어넣어 음부 속으로 손가락을 수회 삽입하고, 피해자의 브래지어 안으로 손을 집어넣어 피해자의 젖꼭지를 꼬집듯이 만졌다.

Accordingly, the defendant committed similar rape against a minor who is under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. D’s statement recorded in Chapter 2 of video recording CDs;

1. Statement made by the police with regard to F;

1. Statement of opinion;

1. Previous convictions in judgment: The application of the defendant's legal statements and inquiry reports about criminal history;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 305 and 297-2 of the Criminal Act (the point of a similar rape by a minor), Articles 305 and 298 of the Criminal Act (the point of an indecent act by a minor's legal fiction, the choice of imprisonment with labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).