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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 27, 2019, at around 12:16, the Defendant discovered the victim D (name, south, age 11) who was going to move together with other friendships in order to get the school meal at the core time before the entrance of the C Elementary School Meal Service Center located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, 2019, and turned back the victim's sexual organ toward the part of the victim by moving out his hand in the future.

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

Summary of Evidence

1. Defendant's legal statement;

1. A recording of the D's statements or records recorded in the video recording CD;

1. Application of Acts and subordinate statutes on the major areas of CCTV;

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;

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 (The following consideration shall be made again for the reason of sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is unable to communicate to the Korean language with a foreigner of Vietnam, and there are special circumstances in which an order to attend education cannot be imposed, even if a person takes a sexual assault treatment program, its effectiveness is low and it is difficult to expect the effectiveness of recidivism prevention)

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to disclose, notify, or order to restrict employment of children and juveniles exempt from such order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities does not have any history of criminal punishment in the Republic of Korea; and it is difficult to deem that the Defendant has no history of criminal punishment in the Republic of Korea; or

The registration of personal information on the accused shall prevent the recidivism of sexual crimes.