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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant living in the vicinity of the residence of the victim C (V, 6 years old) and has been aware of his parent, mother and old for a long time.

1. On August 2016, the Defendant committed a crime at the end of August 2016: (a) around 12:00, the Defendant committed an indecent act by force against the victim under 13 years of age, by entering the victim’s residence located in Young-gu, Busan Metropolitan City, where the victim’s parents went to work, leaving the victim’s knee, seating the victim’s knee, sitting the victim into the Defendant’s knee, holding the victim’s chest and kneing part on the part of the victim’s clothes.

2. The Defendant committed early September 2016, 2016, on September 11, 2016, and around 11:00 on September 201, 201, committed an indecent act by force against the victim under 13 years of age, who had both parents of the victim enter the said victim’s residence in the living room, she was deprived of and her panty only, and she was seated on the floor of the living room, and she was seated in the front part of the Defendant, and she was her body on the bridge.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Recording records of the statement made to C;

1. Application of Acts and subordinate statutes to a statement assistant report, expert opinion, and each investigation report (at least 1,4,13 times a year);

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, in relation to 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 for Concurrent Crimes committed on September 2016 with heavy penalty (aggravated Punishment for Minor Offenses under the age of 13)];

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 Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The exemption from disclosure orders and notification orders under the proviso of Article 49(1) and Article 50 of the Act on the Protection of Juveniles against Sexual Abuse.