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

The defendant is a victim B (n, 16 years of age) and a neighbor.

1. On November 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) at around 19:00, at the Defendant’s residence located in the building C of the Gu, Si/Gu, the Defendant 1 took care of the victim’s grandchildren, taken the victim’s care of the Defendant’s room, laid the victim on the floor, putting the victim on the floor, and exceeded the flas and clothes of the said victim resisted, and promptly laid off the flas of the victim.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. The day following the day when the Defendant committed the act stipulated in paragraph (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act) in the dwelling space of the above accused at the place of residence of the victim, and after taking advantage of the victim's side, the victim misleads the victim that he/she was diving, thereby gathering the hands of the accused on the part of the victim.

As a result, the Defendant inserted the fingers into the part of the victim's sound by taking advantage of the victim's mental or physical condition of the victim's mental or physical condition of refusing to resist, but was attempted by the victim's wind.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The prosecutor's statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of expert opinions on sexual assault against disabled juveniles);

1. Relevant Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7 (6), (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 29 of the Criminal Act, Article 29 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a person who attempted to commit any quasi-similar act to children and juveniles);

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse due to the attempted similar acts heavier than punishment]

3. Discretionary mitigation is below Articles 53 and 55(1)3 of the Criminal Act.