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

On March 9, 2019, at around 17:00, the Defendant discovered the victim D (Nam and 8 years of age) boarding a c middle school playground located in Eunpyeong-gu Seoul Metropolitan Government, and followed the victim such as the victim, and entered the victim's her her mm and her sexual part with his her her son's her mack and her sexual part once.

Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Stenographic records of statement made D damage;

1. Application of Acts and subordinate statutes to the internal investigation report (related to tracking of the mobile channel of the accused), CCTV-cape photographs, and the detailed statement of card transaction;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 2-3 (1) and 44-2 of the Medical Treatment and Custody, etc. Act;

1. Reasons for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); 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); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 1150, Dec. 11, 2018); the main sentence of Article 59-3(1

1. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(d) A sex offense subject to the age of 13 [Type 3] indecent act by compulsion (specially impuled person] - A mitigated element: A mitigation area of mental health and physical disability [the area of recommendation and the scope of recommended punishment] mitigated area, two years to five years of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months, and three years of a suspended sentence shall be the defendant who has the same criminal records but is still under the suspended sentence;