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

Punishment of the crime

On October 8, 2017, at around 11:40 on October 8, 2017, the Defendant discovered the victim E (V), who was married in the D church infant room located in the North Korean old group C, and laid down the victim's shoulder on both sides of the victim who was seated on the floor of the embankment, and laid down the victim's body behind him.

Accordingly, the defendant committed an indecent act against the victim who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of E;

1. Application of statutes on site photographs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the punishment [the types of decisions] according to the sentencing guidelines and in the case where the degree of the commission of the punishment is weak, three types of sex offenses subject to the age of less than 13 [the person subject to special mitigation], the non-compliance area of the punishment [the scope of the recommended punishment, one year and three months from March to five years from imprisonment] and the special mitigation area (the scope of the corrected recommended punishment] [the scope of the corrected recommendation] 2 years and six months from June to five years from imprisonment (the lowest limit of the applicable punishment shall be considered);

3. The decision of sentence is that the defendant committed an indecent act against the victim who was not older than eight years old at the time of committing the crime and the nature of the crime is not good.

Even though the defendant was convicted of a forced indecent act at the time of committing the crime, he committed the crime of this case, and the victim seems to have suffered considerable mental impulse due to the defendant's behavior.

However, the crime of this case was committed by the defendant sparingly, and the degree of indecent act is relatively weak.