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 August 30, 2015, around 11:40 on August 30, 2015, the Defendant discovered the victim E ( South and the fourth years old) who was playing in a breath place while drunking the place, and opened the victim in person, and kid the victim in his/her own entrance.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on field photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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, occupation, family environment, social ties relationship, criminal record, and risk of recidivism (the Defendant’s primary crime is highly likely to repeat a crime)

In full view of various circumstances such as the benefits expected by an order of disclosure or notification, the effect of prevention, and disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information of the defendant may not be disclosed or notified.

[Determination]

Reasons for sentencing

1. Where the extent of the recommended punishment on the sentencing guidelines is weak (the scope of the recommended punishment) for sex crimes, general standards, sex offenses subject to the age of 13, and Type 3 (Special Indecent Acts) (the scope of the recommended punishment) (the range of the mitigated punishment) (the area of mitigated punishment), 2 years and 6 months to 5 years (the area of mitigated punishment);

2. In light of the content and circumstances of the crime of sentence determination, the nature and the circumstances of the crime are not easy, and in particular, it is illegal in that the victim’s parents are punished against the defendant, due to the shock that the victim’s parents did not have any minor impact.