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

Punishment of the crime

[Criminal Power] On October 4, 2019, the Defendant, at the Seoul Northern District Court, sentenced five years of suspension of execution to three years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) and became final and conclusive on October 12, 2019.

【Criminal Facts】

The Defendant worked as a guardian from March 1, 2013 to June 25, 2016 at C Elementary School located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

At around 16:00 on the day of 2015, the Defendant: (a) told the victim D (one’s name, half, E, and nine years of age at the time) at the playground located at the above C Elementary School; (b) “Many other end, end, and play at the following school”; (c) the Defendant was at his own arms at the end of 16:00, and was at the end of the school.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording records (including attached video CDs);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of the relationship between latter concurrent crimes of Article 37 of the Criminal Act);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure and notification, exemption from and notification of an employment restriction order: Exemption from an employment restriction order under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Articles 15352 and 16 January 16, 2018), the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018).