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 5, 2016, around 13:10 on April 5, 2016, the Defendant: (a) committed indecent act by force against the victim F (ma), waiting to calculate the E convenience point calculation unit in Daegu-gu D; (b) used the victim’s own hand, and used the victim’s sexual organ.

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

Summary of Evidence

1. The defendant's oral statement (the third trial date);

1. Legal statement of witness G;

1. The statement of the victim recorded in the video recordings;

1. Application of CCTV image Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Article 62-2 (1) of the Criminal Act on Probation;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [this case’s records are difficult to readily conclude that a defendant has the possibility of recidivism or recidivism of a sexual crime. In light of the degree of exercise of the tangible force of this case, the defendant’s age, character and conduct, family environment, social relationship, etc., such as the registration of personal information and the attending lecture of sexual assault treatment could have the effect of preventing recidivism or protecting children or juveniles from sexual crimes, it is deemed that there are special circumstances where disclosure or notification of personal information of the defendant is prohibited.]