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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 15:10 on May 1, 2016, the Defendant: (a) was parked in D church buses located in B, which had been parked in B, with the mind of reporting the victim E (n, age 11) known to the above church on the same day and committing indecent act; and (b) the victim “marier” was the victim, and the victim’s winter franc seems to be the breath of the victim’s hand, and the victim’s franc was able to have two times of entrance and drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

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 ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

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

1. Grounds for sentencing in full view of the following factors: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the case where the accused has no previous record of a sexual crime; (b) the motive and method of committing the crime in this case; (c) the character, conduct, environment, etc. of the accused; (d) the degree and expected side effects of the accused’s disadvantage and side effects; (e) the prevention effect of sexual crimes subject

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. Type 3 (Specially impuled Persons): The range of recommending punishment according to the sentencing guidelines [the range of recommending punishment]. The general standard of sexual crime group shall be the same as the case of sex crimes subject to the age of 13.