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

피고인은 2014. 8. 11. 17:23경 파주시 C에 있는 D편의점 내 카운터에서, 계산을 하러 온 피해자 E(여, 7세)를 보고 쭈그리고 앉아 손으로 피해자의 치마 안으로 손을 넣어 피해자의 엉덩이를 수회 만졌다.

Accordingly, the defendant committed indecent acts by compulsion against a person under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification survey);

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

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly taken into consideration for the defendant).

4. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. Taking full account of all circumstances such as the fact that there is no history of sex offense prior to the crime of this case, the Defendant appears to have committed the crime of this case under the influence of alcohol, the fact that it is clear that the Defendant is living together with his family members, such as the registration of personal information and participation in the sexual assault treatment lecture, etc. in this case, it is deemed that there is a special circumstance that may not disclose or notify the Defendant’s personal information, and that there is a special reason that the Defendant may not disclose or notify the Defendant’s personal information, and thus, the Defendant would not issue any disclosure or notification order (the Defendant would not issue any disclosure order or notification order).

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

2. Persons under the age of 13 who are subject to the general standards for sex offenses according to the sentencing criteria.