Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is between the victim B (five years of age, women) and the first space.

피고인은 2020. 3. 12. 18:40경 서울 강북구 C 2층 계단에서, 친구 집에 놀러왔다가 귀가하기 위해 계단을 내려오는 피해자를 우연히 발견하고 피해자에게 다가가 ‘손 좀 줘봐라’라고 말하면서 갑자기 피해자의 왼쪽 손등에 입맞춤을 하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A police statement statement, analysis opinion, and application of the video CD-related Acts and subordinate statutes to the police record D with respect to the police record;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, and the choice of imprisonment with labor

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. An order for disclosure and notification, exemption from disclosure and notification of an employment restriction order: Exemption from the proviso to Article 49 (1) and the proviso to Article 50 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019): Article 1622; Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities appears to have no record of punishment for a sex offense; the effect of recidivism can be prevented only by issuing a fine to the defendant; the order to attend sexual assault treatment lectures; and the order to disclose or disclose the social environment and personal information of the defendant in this case; and the issuance of the order by the defendant due to his/her age in this case.