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

The Defendant is a foreigner of Sri Lankan nationality who entered the Republic of Korea with the qualification for international adjudication in the field C, held from August 30, 2019 to September 6, 2019 at Chungcheong City.

On September 4, 2019, the Defendant visited E Elementary School located in D at P.M. on September 4, 2019 in order to attend the said Games-related meetings, and found out the Victim F (F, 10 years of age) who is a student of the above school, taken a photograph, and accessed the victim, and then satisfly sated the victim's chest, knife the victim's chest, knife the knife, knife his hand into the victim's clothes, and forced the victim under 13 years of age to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the F’s statements-related Acts and subordinate statutes contained in F’s statement-recording CDs;

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 (The following consideration shall be made again for the reason of sentencing);

1. In light of all the circumstances such as the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is not a foreigner of the nationality of Sri Lanka but a foreigner is highly likely to be forced to leave the Republic of Korea after the completion of the sentence or the execution thereof in accordance with the Immigration Control Act and the Enforcement Rule of the same Act, it is deemed that there are special circumstances in which the defendant is unable to impose

1. The age, occupation, family environment, social relationship of the accused recognized as recorded, the risk of recidivism, and other expected through the disclosure order or notification order of this case, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the accused's age, occupation, family environment, social ties, criminal records (no record is verified, and the risk