A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around November 19, 2012, the Defendant, under the influence of alcohol, committed an indecent act by force against a child under the age of 13, who was a child under the age of 13, by setting off the victim D (10 years of age) who was going from the stairs of the first floor of the apartment commercial building located in Silung-si, with the second floor of the apartment building located in Silung-si, with the victim's kis, kis the victim's kis, kis the victim's kis, and kis the victim's kis, and kis the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes governing field photographs 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 (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act (a person suffering from mental illness due to de facto mitigation);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 21(2) main sentence and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012);

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. The scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), general standards, Type 3 (Special Aggravation of Indecent Act by Compulsion), and factors of aggravation and mitigation of punishment among sex offenses subject to the age of less than 13: None of the relevant factors (Scope of recommending punishment): Four years to seven years of imprisonment.

3. The crime of this case, which is determined to be sentenced, was committed by a indecent act by force by a female son, who is merely 10 years of age in the stairs of apartment commercial buildings, after kiscing a kisc and kiscing into the entrance. In light of the victim’s age, method of crime and contents, etc., the crime is not easy, and the victim’s family members and the victim’s family members have not yet been able to have physical and mental maturity due to the crime of this case.