A defendant shall be punished by imprisonment for three years.

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.

Punishment of the crime

On February 23, 2018, at around 04:10, the Defendant opened and entered as a unit of the apartment unit 1, the apartment unit of the victim D (W, 10 years old), the residence of the victim D (W, 10 years old) located in Nam-gu Incheon Metropolitan City, the Defendant did not correct.

The defendant discovered a locked victim in a ward, and was able to commit an indecent act against the victim, forced the victim's will and clothes in his/her hands, and forced him/her to do so, and led him/her to several times.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act on the victim by using the victim's non-opportune condition of the child under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements recorded CDs or stenographic records with D;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319(1), 299, and 298 of the Criminal Act (a indecent act committed by force against intrusion upon residence), Articles 7(4) and (3), and 299 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes include Article 298 of the Criminal Act regarding the indecent act committed by force against minors under the age of 13, but it is obvious that such act is a clerical error, and thus, is corrected ex officio.

(13) An indecent act committed by a minor under three years of age or less;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;

1. Selection of alternative abandonment of punishment;

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. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including the observation of protection and orders to provide community service and attend lectures;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the age, environment, and environment of the defendant) of the exempted children from an order of disclosure and notification;