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

The defendant is the victim B(six years of age) and the first view.

On July 14, 2019, around 13:35, the Defendant discovered a victim who is playing in the “D Park” located in the Daegu Dong-gu, Daegu-gu, and found the victim who was playing in its four sides, and the Defendant called “Iddi, Iddi, Iddi, Iddi.” In his hand, the victim’s sexual flag was sent one time to the clothes of the victim, and the victim was her will.

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (including list 3 of evidence, accompanying materials), investigation report (including list 7, 11, 19, accompanying materials);

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. 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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of 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 (i.e., the age, occupation, home environment, social ties, criminal punishment, disclosure order or notification order of the accused, the degree of disadvantage and anticipated side effects of the accused's entrance due to the accused's age, occupation, family environment, social ties, criminal punishment, disclosure order or notification order, and the prevention effect of sexual crimes that may be achieved therefrom, deeming that there are special circumstances where the accused'

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The scope of punishment by law: Imprisonment for two years and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria (decision of types): Sex crimes; general standards;

(d)under thirteen years of age;