A defendant shall be punished by imprisonment for three years.

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 September 14, 2017, around 15:30 on September 15, 2017, the Defendant: (a) discovered that there is a victim E (V, 6 years of age) going to a mixed school; and (b) there is no person who wants to assist in the surrounding area, and (c) removed the Defendant’s sporaf, cut off the Defendant’s spoking to the outside, and then cut to the victim.

“In the end, the victim had the victim take the Defendant’s sexual organ.”

Accordingly, the Defendant committed indecent act against a person under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. A criminal explanatory note;

1. Application of Acts and subordinate statutes to the scene of crimes and photograph of suspects;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The main sentence of Article 21 (2) 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 [the defendant's age, environment, social relative relationship, previous conviction, and risk of recidivism of a crime (the defendant has no record of criminal punishment for a sexual crime previously committed)] of the Act on the Protection of Children and Juveniles against Sexual Abuse;

In full view of the profit and preventive effect expected by an order of disclosure or notification, disadvantages and side effects of the Defendant’s personal information disclosure, there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be made.

[Determination]

Reasons for sentencing

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

2. The scope of recommended punishment on the sentencing criteria [the types of sex offenses] shall be sex offenses subject to the age of 13.