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

On May 27, 2020, at around 22:25, the Defendant committed an indecent act against the victim, who is a child or juvenile, by inducing the body of the victim by driving away from the stairs that entered into the direction of the play place in front of the B apartment in Seoul Special Metropolitan City, Nowon-gu, Seoul, and following the victim D (the name of the victim, the 17 years old).

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the victim;

1. Application of Acts and subordinate statutes to report internal accidents (the CCTV verification in the location of accidents);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. In light of the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202), the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the details of the Defendant’s previous sexual crime record of Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the details of the crime; and the circumstances leading to the crime, etc., it is difficult to readily conclude that the Defendant is highly likely to recommit a sex crime; the Defendant’s order to register personal information of the Defendant and undergo the treatment of sexual assault is likely to prevent the recidivism of the Defendant; the Defendant’s age, occupation, and environment; the method and consequence of the crime in this case;