2.Provided, That the same shall not apply for three years from the date this judgment becomes final and conclusive.

From 203 to May 11, 2015, the Defendant worked as security guards C from 2003 to 2005.

On May 9, 2015, the Defendant, at around 16:00, committed an indecent act by force against the victim E (V) who visited the victim at C located in Guro-gu Seoul Metropolitan Government D, on his/her own hand, with the victim’s negative part of his/her own damage, and who was under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of E in protocol;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to report on investigation (explosion, etc. of damaged places);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the period of suspended sentence);

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

2. Scope of recommendations;

(a) Determination of types: Type 3 of sex crimes subject to the age of 13;

(b) Decision on the recommended area: Special mitigation area (where the degree of indecent conduct is weak, it shall not be punishable);

(c) Scope of recommendations: one year and three months to five years;

3. The Defendant, who was sentenced to sentence, committed an indecent act by force against a victim under the age that had not been properly established, committed the crime.

It seems that the mental shock of the victim was not small.

This is an unfavorable circumstance.

The Defendant led to confession and reflect on the crime of this case.

The extent of the accused's indecent act is very serious.

At the investigation stage, the defendant expresses his intention that the victim does not want the punishment of the defendant in consultation with the victim.

The defendant is the first offender.

This is a favorable situation.

Other circumstances shown in the argument of this case, such as the age, character and conduct, environment, means and result of the crime, etc., shall be considered.