Attorney Park Tae-young

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

The information on the accused shall be disclosed and notified through an information and communications network for five years.

The defendant shall be subject to employment restrictions for five years at institutions, etc. related to children and juveniles and welfare facilities for persons with disabilities.

The seized smartphone (V30) shall be confiscated (No. 1).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minorly Indecent Act);

On November 14, 2019, around 09:45, the Defendant: (a) 09:45, up to 09:45, the Defendant got off the victim’s pande and pande and pande and opened the victim’s hand into the victim’s pande and pande and pande and pande and taken the victim’s hand into the victim’s pande and pande.

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

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

The defendant found the victim's panty and pantyty as stated in paragraph (1) at the time and place mentioned in paragraph (1), and taken the victim's panty by using the cell phone function of the defendant's cell phone.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. CCTV photographs, stenographic records, intermediary reports, statement analysis opinion, and photograph of a visual closure;

1. Investigation report (Securing images related to criminal conduct);

1. On-site reports (CCTV investigation);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(3) of the former 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 (the point of indecent act by compulsion against minors under the age of 13, the choice of criminal punishment), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be limited to the sum of the long-term punishments of the above two crimes) prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty (limited to a minor under thirteen years of age)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent Consideration of Sentencing favorable to the following)

1. Order to attend lectures;

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

1. An order to disclose or notify;

The main sentence of Article 49(1) and the main sentence of Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019; hereinafter the same shall apply)

1. An employment restriction order;

The main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1)2-3, 6-2 and 22 of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3(1) of the Act on Welfare of Persons with

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from June to June 17 months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First crime (a minor under thirteen years of age) in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

d. A sex offense subject to the age of 13 (Type 3] and indecent act by compulsion.

[Special Sentencings] Reductions: Non-Punishments

Aggravations: Crimes in Special Protection Place

[Recommendation and Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

(b) Second crime (violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Camerass, etc.) and unestablished crimes);

(c) Scope of recommending punishment according to the standards for handling multiple crimes: At least four years of imprisonment (limited to the lowest limit of the recommended sentencing range for crimes for which the sentencing criteria are set, since crimes for which the sentencing criteria are set and crimes for which no sentencing criteria are set are concurrent crimes in the former part of Article 37 of the Criminal

(d) Scope of the recommended sentence that is modified by the applicable sentencing guidelines: Imprisonment with prison labor for up to 4 years and up to 17 years (in cases where the upper limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing guidelines, it shall be in accordance with the statutory applicable sentencing standards);

3. Determination of sentence: Three years of imprisonment and five years of suspended sentence;

The crime of this case is committed by indecent act by force against the victim under six years of age who is attending the Defendant, and photographs the body of the victim who may cause sexual humiliation or shame by using mobile phones, and is not good in light of the course, method, and content of the crime. The sex offense against the child is highly likely to be criticized in that it distort the sexual concept of an unestablished child, thereby adversely affecting children’s mental and physical development. The crime of this case seems to have been committed by the victim and his family members.

However, considering favorable circumstances, such as the fact that the defendant led to the crime, and reflects his mistake, the fact that the defendant and his family move their place of residence at the request of the victim and the victim does not want the punishment for the defendant, the first offender, the defendant's act of receiving appropriate medical treatment for mental illness, such as depression, etc., such as the defendant's age, character and conduct, family relationship, environment, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order, comprehensively taking into account all of the sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, family relationship, environment, and circumstances after the crime.

Obligation to Submit Personal Information

Where a conviction becomes final and conclusive on each crime in the judgment, the defendant is 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.

Judges Lee Yong-hoon

Judges Yoon Young-chul