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

Punishment of the crime

At around 17:50 on May 10, 2019, the Defendant discovered the victim C (tentative name, leisure, 10 years of age) who was returning home in the vicinity of the Suncheon-si B apartment, and subsequently committed an indecent act by force against the victim by exposing his sexual organ before the victim in the elevator of the above apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of each ctv photographic statute

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused has entered due to the accused's order of disclosure or notification, the prevention effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims of sexual crimes subject to registration, it is deemed that there are special circumstances in which the accused may not disclose or notify personal information on the accused);

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(d) A sex offense subject to the age of 13 (type 3).