A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant served as B apartment Cdong security guards at all times, and became aware of the victim No. 1 (the name, the name, and the age of 7 at the time) residing in Cdong.

On August 2016, the Defendant committed an indecent act, such as: (a) in the guard room of B Apartment-dong B Apartment-dong on the date of 2016, by inducing the victim to use money as a guard room; (b) by inserting the finger with the clothes of the victim seated; (c) committing an indecent act by inserting the part of the victim’s chest into the panty, inserting the finger part into the panty part; and (d) holding the part of the victim’s breast part and drinking part in the same method within the guard room of the same month.

Accordingly, the defendant committed indecent acts by compulsion on the victim under the age of 13 over two times.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Report on internal investigation (for oral statements, such as D Activity Assistant E, etc.);

1. Application of the Acts and subordinate statutes on the individual counseling place for children;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (the occupation of indecent acts by force against minors under the age of 13 and the choice of each imprisonment with labor);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Punishment, etc. of Sexual Crimes (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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The possibility of recidivism of sexual crimes by the Defendant under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order and notification order, and the resulting side effects.