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

The defendant is a security guard of Gosung-gun apartment C apartment in Gyeongnam-gun, and the victim D (V, 10 years old) is an elementary school student residing in the above apartment.

1. On March 2018, the Defendant committed a crime in the middle of March 2018, at the above apartment guard room around 17:10 on the middle of March 2018, the Defendant 2018: (a) had the victim feel at home to report the victim’s mind to commit an indecent act; and (b) had the victim enter the guard room, stating that “The victim intending to drink with frighten,” and had the victim enter the guard room, and only twice the victim’s right chests of the victim intending to drink.

2. On May 25, 2018, the Defendant committed a crime around May 25, 2018, at the above apartment guard room around 16:45, around May 25, 2018, the Defendant: (a) committed an act of committing an indecent act against the victim; (b) discovered the victim from behind the victim, and (c) took part in the victim’s chests and fry with his hand.

Accordingly, the defendant committed an indecent act against a minor under the age of 13 on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. The statement of a victim recorded in video recording CDs;

1. A report on occurrence, each internal investigation report, and an investigation report;

1. Opinion of an expert on sexual assault case;

1. Application of each statute on photographs;

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

1. The aggravated punishment of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment of concurrent crimes prescribed for the crimes committed on or around May 25, 2018 (the aggravated punishment of concurrent crimes by a minor under the age of 13)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 (the defendant shall be the same kind of crime);