A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On March 4, 2017, the Defendant, at the “E” occupation brokerage center located in Kimpo-si D around 11:30 on March 4, 2017, got the victim F (a 10 years of age) to sit in the side of the Defendant, and has the victim come to fit the face while drawing the victim, put the victim into the victim’s inner part, and her her her her her her her her her her her her her her her her her her her her b

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

Summary of Evidence

1. Legal statement of witness G;

1. A witness H and I's respective legal statements (the defendant has committed an indecent act against the victim by force);

Part I Exclusions)

1. A statement of F in video recording CDs;

1. The statement analysis expert opinion of the child / The defendant and his/her defense counsel / her defense counsel committed an indecent act against the victim by force;

Pursuant to Article 312, Paragraph 4, Article 312 of the Criminal Procedure Act, a statement analysis expert's written opinion that contains the contents of the child's statement analysis expert's statement G argues that it is not admissible in accordance with Article 316, Paragraph 2, of the Criminal Procedure Act.

On the other hand, a statement analysis expert opinion of the victim is an analysis of the victim's statement and evaluation of the possibility of false statement. Thus, Article 312 (4) of the Criminal Procedure Act does not apply to a statement prepared by a public prosecutor or judicial police officer, since it does not contain any statement by a person other than the defendant. The written statement prepared by a person other than the defendant, which is a written statement by which the maker or the person who has made a statement or who has signed or sealed it, may be admitted as evidence when it is proved to be genuine by the testimony of the maker or the person who has made the statement at a preparatory hearing or at a public trial date, and thus, it may be admitted as evidence so long as it is proved to be genuine by the testimony of G who has prepared it at a public trial date.

In addition, the legal statement of G cannot be viewed as the content of the statement of the defendant or other person who is not the defendant.