A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is the father of friendship C who attends the same school as the victim B (a family name, 11 years of age at the time).

1. On July 2, 2019, at around 18:00 on July 2, 2019, the Defendant: (a) caused the victim, who was playing together with his/her his/her his/her father, to sit in his/her own side; (b) led the victim to his/her own arms to her own will; (c) brought the victim into his/her own arms; (d) brought the victim into the victim’s bridge on his/her bridge; and (e) continued to take the victim’s bridge on his/her bridge; and (e) led the victim to force the victim by force.

2. From around 16:00 on July 10, 2019 to around 18:00 on the same day, the Defendant: (a) the victim, who was playing along with his/her dependent, was forced to sit on his/her side; (b) the victim, when disregarding this, she gets the victim to sit on the side of his/her own arms once again; and (c) the victim, by going back to the Defendant with his/her own arms going to the Defendant, was led to an indecent act by compulsion of the victim by force.

Accordingly, the defendant, who is a minor under the age of 13, committed indecent acts on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records;

1. Statement and analysis expert opinion of a child with disabilities;

1. Application of Acts and subordinate statutes on report on internal investigation (verification of F relative Statements by On-the-spot Witnesses);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes (aggravated Punishment of Minor Offenders under thirteen years of age)

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. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.