The sentence for molesting a child to obtain a letter of understanding depends on the specific circumstances:
1. The punishment may be lightened or mitigated on the basis of the original judgment, but the punishment cannot be exempted;
2. Criminals who molest children constitute a crime of compulsory molestation, and will be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law, with a heavier punishment;
3. Within the above-mentioned sentencing range, criminals can be sentenced to fixed-term imprisonment of not more than three years. If the understanding of the victim and his family is obtained and the victim reaches a settlement voluntarily, the two parties can reach a settlement, and the people's court can treat the criminals leniently according to law.
The constitutive elements of the crime of child molestation include:
1, the object of infringement is children's right to privacy and spiritual purity;
2. Objectively speaking, it is an obscene act against children by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire;
3. The subject is a natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility;
4. Subjective aspect is direct intention.
To sum up, the crime of child molestation can be given a lighter or mitigated punishment on the basis of the original sentence, but it cannot be exempted from punishment. Criminals who molest children constitute the crime of compulsory molestation and will be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law, with a heavier punishment.
Legal basis:
Article 237 of the Criminal Law of People's Republic of China (PRC)
Crime of Coercive Indecency and Insult Whoever forcibly indecences others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
The crime of molesting children shall be sentenced to fixed-term imprisonment of not more than five years; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years:
(a) repeatedly molesting children;
(2) Gathering people to molest children, or molesting children in public places, if the circumstances are bad;
(3) Causing injuries to children or other serious consequences;
(four) the means are obscene or there are other bad circumstances.