A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates “C” (hereinafter referred to as “C”) and “D” (hereinafter referred to as “D”) in Kim Sea-si B.

On September 1, 2018, the Defendant sent text messages to the victim E (one-half years of age), who attends C and D (one-half years of age), who called “C office,” and sent them to C.

On September 1, 2018, at C office around 16:20, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim was the chief director of C and the representative of D, that at the time, he did not have any room in C office with Saturdays, and that the victim was unable to properly cope with the indecent act of the Defendant under the circumstances where the Defendant was under the age of her age, and that he did not properly cope with the indecent act of the Defendant, the Defendant committed an indecent act against the victim, such as “the victim was a female-gu, and her son.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of statements made to victims E;

1. Application of Acts and subordinate statutes to a report on investigation (a statement analysis opinion analysis and summary);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

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

1. The main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The fact that the accused has no record of criminal punishment for a sex offense before he/she was exempted from an order of disclosure and a notification order, and the sentence against the accused shall be imposed on him/her;