A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a “D Mart” in a shop in the previous North Jeju-gun apartment building in North Korea-gun.

1. On May 28, 2017, the Defendant committed the crime on May 28, 2017, around 12:00, and around 12:00 on the upper Maart, the Defendant followed the victim E (the age of 10) who was going to run a ice cream before the cooling house and was living together with his/her mother.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

2. On June 7, 2017, the Defendant committed the crime, around 15:00 on June 7, 2017, entered the said victim’s grandchildren to calculate the ice cream, carried the said victim’s knife, carried the knife to the room attached to the marina, and carried out the visit.

Then, the defendant knee kel in his place knee and knee down the name of the victim in front, as soon as the part of the victim was feld by standing in front of it, after having taken custody of the victim's chest, placed the victim's chest on the floor of the room, placed the victim on the part of it, placed the victim on the side, placed the victim's knee on the part of the victim, placed the victim's knee and panty to the view of the victim, and kned as rhyd the victim's sexual flag.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Each investigation report (the attachment of on-site photographs, the result of the request for appraisal, and the details of response to the request for appraisal);

1. Application of on-site photographs, response to requests for respective appraisal, and Acts and subordinate statutes governing family relationship certificates;

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, respectively, concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravated Punishment of Sexual Crimes (aggravated Punishment of Minor Offenders under 13 years of age)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)