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

On March 28, 2014, at around 10:40 on March 28, 2014, the Defendant reported the victim F (n, 10 years of age) at the entrance of the toilet of the D Elementary School E branch in Hanam-gun, Hanam-gun, and took the victim’s losses. “Is the victim’s left face by her hand, she takes the victim’s hand, and she kis the victim’s left face on the right side of the victim.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records or video CD;

1. Written opinion of a child sexual assault case under the age of 13;

1. Application of Acts and subordinate statutes on internal investigation reports (to attachCCTV photographs, on-site photographs);

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances to be considered for the following reasons):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment for not less than two years and six months - 15 years;

2. The range of recommending punishment according to the sentencing guidelines [the scope of recommending punishment] general standards for sex offenses subject to the age of 13 years and basic area (limited to imprisonment for four years - seven years) (special mitigation factors]: Where the degree of indecent acts is weak, special aggravation factors: Crimes at special protection places;

3. The Defendant, who was sentenced to sentence, committed an indecent act against the victim under the age of 10 within a branch school, which is a place for education and protection, which is a daily living space for the students aged her age, and the fact that the victim and his family members did not receive until now is disadvantageous to the Defendant.

However, the defendant is the defendant.