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.

Punishment of the crime

On July 7, 2011, around 20:25, the Defendant 1, at the distance prior to the D cafeteria located in Guro-gu Seoul Metropolitan Government, was her parent, who was waiting for the parent of the victim E (V, 11 years of age) who was living together with his parent in the said cafeteria at the distance prior to the D cafeteria located in Guro-gu Seoul Metropolitan City.

Accordingly, the defendant committed indecent acts against the victim under 13 years of age due to assault.

Summary of Evidence

1. Statement made by the prosecution against the F;

1. E statements;

1. Application of Acts and subordinate statutes to written opinions of experts in sexual assault against children and recording records;

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the relevant law and the option of punishment have been adopted (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 2011)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 38(1) main sentence of Article 38(1) and Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); the proviso to Article 1 and Article 4 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Apr. 15, 201); Articles 1 and 4 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 1104, Sep. 15, 2011);

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. The application of the sentencing guidelines [type determination] and the general criteria for sex crimes subject to the age of less than 13 shall be limited to the case where the degree of the execution of the sentencing is weak (the determination of the recommended area] mitigation area (the scope of the recommended punishment) and the case where the degree of the punishment is weak.