However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

At around 14:25 on May 7, 2013, the Defendant, at the front of D Elementary School in Speaker C, was under the influence of the Victim E (V), waiting for a driving vehicle of a private teaching institute in order to go with English language, and was under the influence of the Victim E (V).

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of E’s statements contained in the video CDs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) ordering disclosure;

1. Grounds for sentencing under Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Scope of sentence according to the sentencing guidelines (decision of type), sex crimes, general standards, sex offenses against the persons under the age of 13, types of three (specially impactative persons): Where the degree of indecent acts is weak (the area of recommendations and the scope of recommendations), mitigated area, two years and six months to five years in imprisonment;

3. Determination of sentence: Where a conviction becomes final and conclusive on the facts constituting a crime on which the registration of personal information that has not been recovered from damage was made for three years of a suspended sentence (limited to reasonable circumstances) in the imprisonment of two years and six months, the extent of the indecent act shall be weak, the first offender, the health condition (Grade III), and the health condition (limited to poor circumstances) (class III), the defendant is subject to obligation to submit personal information to the competent authority pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc