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

On November 2, 2016, at around 17:40 on November 2, 2016, the Defendant reported the victim D (W, 11 years of age) and Earbials in the Jung-gu Incheon Metropolitan City apartment complex to return home, and the victim said that “I will go to the same E apartment, as I will go to do so,” and that I would go together with the victim on November 2, 2016 while I walked with the victim, around November 18:06, 201, the Defendant sent the victim’s face from the south-gu Incheon Metropolitan City E apartment complex 201 East-gu Incheon Metropolitan City apartment complex to the victim’s face with the victim’s own hand, and made it fit for the victim’s entry and drinking.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Records of statements made by victims;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to report internal investigation (related to additional confirmation of a victim);

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

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 21(2) main text and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. It is true that the summary of the argument has taken the victim's face at the time and place stated in the facts constituting the offense in the judgment and has dancing the victim's face.

However, the defendant's act cannot be seen as an indecent act, and the defendant did not have the intention to commit an indecent act.

2. Determination

A. As to the assertion that an indecent act does not constitute an indecent act, “act” refers to an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether it constitutes such an act is the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such an act, circumstance leading to the act, specific form of act, and surrounding circumstances.