A defendant shall be punished by imprisonment for two years.

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 22:54 January 20, 2010, the Defendant: (a) discovered the victim F (e.g., age 7) who was making a motion picture by putting fright in the E set soup film room located in Heak-gu, Sungdong-gu; (b) discovered the victim F (e.g., age 7) and committed an indecent act on the victim’s side; and (c) buckbucks were filled in the hands of the victim.

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

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement F, police statement protocol photographs against G

1. Article 8-2(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter “the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”) and Article 298 of the Criminal Act [the choice of imprisonment: Provided, That the upper limit of imprisonment shall be 15 years pursuant to the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)]

2. Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the favorable circumstances among the following reasons for sentencing).

3. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the following reasons for sentencing).

4. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, December 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. Issuing an order of restriction on employment pursuant to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, January 16, 2018), exemption from disclosure of the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and issuing an order of exemption from disclosure and notification.

1. Article 3(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 9765, Jun. 9, 2009); Article 38(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10260, Apr. 15, 2010) [the defendant shall be a sexual crime.]