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 November 30, 2016, the Defendant: (a) around 14:55 on November 30, 2016, at the first floor elevator located in Suwon-gu, Suwon-si, Seoul, the first floor elevator, waiting for an elevator to go to the English Private Teaching Institutes, “where the toilets are located.”

“Along with the victim’s sexual organ, the victim’s sexual organ was met, and the victim’s sexual organ was repeated despite the victim’s refusal intention after boarding the elevator and repeatedly, as the victim’s sexual organ was in charge.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and stenographic records;

1. Application of Acts and subordinate statutes to written opinions on the same sexual assault incident;

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

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

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

1. In full view of the Defendant’s age and environment, the type, motive, process, consequence and seriousness of the instant crime, the relationship between the Defendant and the victim, the Defendant’s previous sexual crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that can be achieved due to such order, the protection of the victim, etc., there are special circumstances under which the disclosure or notification of the Defendant’s personal information shall not be disclosed or notified.

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Reasons for sentencing

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

2. Scope of recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for a sex offense subject to the age of less than 13 shall be from two years and six months to five years (the scope of recommended punishment).