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

[criminal record] On June 3, 2015, the Defendant was sentenced to a suspended sentence of three years and six months in the Seoul High Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13), and the judgment became final and conclusive on September 10, 2015, and is currently subject to suspended sentence.

[2] The Defendant committed an indecent act by force against the victim under 13 years of age, including: (a) the victim G ( South, 12 years of age) who entered the six-story male toilet from the F6th floor located in Gangnam-si, Gangnam-si on July 4, 2015, when he/she was unable to discern things or make decisions due to intellectual disability 2; and (b) the Defendant found and followed the victim G (the remaining, 12 years of age) who was married to the six-story male toilet; (c) as his/her hand seems to have been in charge on two occasions, he/she committed an indecent act by force against the victim under the age of 13, who was under the age of 13, i.e., attempted to put his/her hand into the part of the victim coming from the toilet

Summary of Evidence

1. Statement by the defendant in court;

1. A video CD recorded by the victim;

1. The forests of the victim's neighborhood;

1. Opinions of experts on child sexual assault cases;

1. A certificate of disability, certificate of persons with disabilities, records of outpatients, and medical records;

1. (A) a response to inquiries, such as criminal history, report on the result of confirmation of the previous conviction of the disposition, and application of the text 3 of the judgment;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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. Article 21 (2) and (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. Articles 49(1) and 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse (Article 49(1) and 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (Article 2 of the Defendant’s intellectual disability)