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

At around 08:10 on April 19, 2019, the Defendant: (a) while making a movement at “C” children’s play areas in Daegu-gun, Daegu-gun; (b) had been aware of several faces prior to her openings, the Victim D (one year old), who had been aware of the faces several times in the future, took in two descendants the left side of the victim; (c) provided that “the Defendant should have come to her seat,” and forced the victim to commit an indecent act by force, after returning back to the back of the victim.

Accordingly, the Defendant committed an indecent act against a child by sparing or using 11-year-old child’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of statements made to victims;

1. Application of Acts and subordinate statutes concerning internal reporting (CCTV);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

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 (1) 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 (the age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure and notification order of the accused, the degree of disadvantage and anticipated side effects of the accused's entry, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., should be comprehensively taken into account;

1. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Scope of punishment by law: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The types of recommendations according to the sentencing criteria.