The imprisonment with prison labor for the accused shall be two and a half years and six months.

For the defendant, 40 hours of sexual assault treatment program.

Punishment of the crime

피고인은 2015. 6. 17. 01:00경 정읍시 C에 있는 D병원 8병동 469호실에서 입원 중인 아들을 간병하던 중, 같은 병실에 입원한 피해자 E(여, 11세)이 침대에 누워 잠든 것을 보자 순간 성욕이 생겨 피해자의 침대에 올라가 손으로 가슴 부위에 주무르고, 환자복 상의의 단추 2개를 풀고 가슴 부위를 혀로 핥았다.

Accordingly, the defendant committed indecent act against the minor victim under 13 years of age who was in a state of impossible to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E (Stenographic record);

1. A report on internal investigation (afforestation prepared from among the recording of statements by victims is attached);

1. Application of Acts and subordinate statutes on forestry and field photographs;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act and the choice of imprisonment with labor;

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. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: In full view of the Defendant’s age, family environment, social relationship, criminal records and the risk of recidivism (not having criminal record), the Defendant’s order to improve his/her character and conduct at the same time, and the benefits and preventive effects expected from the instant order or notice order, and the disadvantages and side effects therefrom, the disclosure and notice of the Defendant’s personal information should not be made.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.