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

Around 15:20 on September 30, 2014, the Defendant, while drinking alcohol in front of the playground located between 101 and 102 in Gangnam-gu Seoul apartment complex, committed an indecent act by force against the victim D (the age of 12) who was playing together with his/her friendship in the said playground, on his/her own rear side, she saw the part of the victim’s sexual organ from his/her own rear side, and her fingers the part of the victim’s sexual organ with his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, F, G, and H;

1. Application of Acts and subordinate statutes to on-site photographs (No. 9 of evidence lists);

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

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, Article 60 (3) of the Juvenile Act ( considered as being favorable for the reasons for sentencing under the following subparagraph);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 62-2 (1) of the Criminal Act;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, proviso to Article 49(1), and proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the Defendant did not have the same criminal history until the crime in this case was committed, and appears to have the effect of preventing recidivism of the Defendant even through taking lectures in the registration of personal information, sexual assault therapy, and alcohol therapy. Therefore, if the conviction of the Defendant’s personal information as stated in the judgment on the registration of personal information becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The defendant;