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

On October 4, 2015, at around 18:16, the Defendant committed an indecent act against the victim under 13 years of age, following the victim D (here, 11 years of age) who was placed in the “C” commercial building located in Guro-gu Seoul Metropolitan Government, with his/her sexual organ in the victim’s her butane.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Records in the protocol with respect to D;

1. Application of the CD-related Acts and subordinate statutes in which C CCTV video data are stored;

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;

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 consideration shall be made again for the reason of sentencing);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 11, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act

1. The grounds for sentencing in light of the following: (a) the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment in the Republic of Korea; (b) the registration of personal information and participation in the sexual assault treatment course alone appears to have the effect of preventing recidivism by the defendant; and (c) other special circumstances that may not disclose or notify the personal information of the defendant when comprehensively considering the degree of disadvantage and anticipated side effects of the defendant's entry due to an order to disclose or notify information; and (d

1. Legal provisions;