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

On April 9, 2012, around 16:25, the Defendant committed an indecent act by force on the part of the victim E (Nam, 8 years of age) who was a minor under the age of 13 on the front side of the “Dovas” operated by the Defendant in Gwanak-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of E recorded in police victims' statement video CDs against E;

1. Application of Acts and subordinate statutes on expert opinions of child sexual assault cases;

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. 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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The issue of whether an order to disclose or notify information constitutes "any other special circumstance that prevents disclosure of personal information" provided for in the proviso to Articles 38 (1) and 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse] shall be determined by comprehensively taking into account the Defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant's entrance due to the order to disclose or notify, the preventive effects and side effects of the sex offense against children and juveniles that may be achieved due to such order, and the effects of protecting children and juveniles from sex crimes (see Supreme Court Decision 2011Do1467, Jan. 27, 2012; Supreme Court Decision 2011Do14676, Sept. 27, 2012>