A defendant shall be punished by imprisonment for not less than two years and six months.

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.

Criminal facts

At around 13:40 on April 26, 2018, the Defendant: (a) provided the victim D(10 years of age), and the victim E(n, 9 years of age) playing at the apartment site B in Seoul Special Metropolitan City, Nowon-gu, Seoul; (b) moved back to the Defendant’s house located in the above apartment F; (c) opened the victims into the Defendant’s house at the living room; (d) opened the victims into the living room; (e) opened the siren to the victims; and (e) opened the sirens on the side of the victim D; and (e) opened the victims at the victim’s own seat; and (e) opened the victims in both arms after the victims, the victim D’s chest was replaced by one hand; and (e) admitted the victim E by another hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes, such as D or E’s statement and stenographic records (netly 5,6) recorded in each victim’s statement in video CD (netly 12,13);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, in relation to the crime;

1. Aggravation of concurrent crimes by concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes by concurrent crimes prescribed in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against D with heavy penalty (the indecent act by a minor under the age of 13];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. There are special circumstances in which an order to attend a course cannot be imposed, comprehensively taking account of various circumstances, such as the age of the accused and the disability of the accused, etc., under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the elderly and the

[Judgment]

1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( March 13, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1504, Mar. 13, 2018).