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 2020. 5. 25. 15:58경 의왕시 B에 있는, ‘C' 앞 횡단보도에서 자전거를 탄 채 신호를 기다리던 피해자 D(남, 9세)과 피해자 E(남, 9세)을 발견하고, 피해자들에게 다가가 피해자 D의 젖꼭지를 1회 비틀고, 계속해서 피해자 E의 젖꼭지를 1회 비틀었다.

Accordingly, the defendant committed an indecent act by force against the victims under 13 years of age.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement investigation report (victim E and guardian telephone conversations), investigation report (victimd children D and guardian telephone conversations), CCTV image data (ROM attachment);

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

1. Of concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment stipulated in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against D with heavy penalty)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); (b) the Defendant is expected to have no record of sex offenses against the Defendant; and (c) the Defendant’s age, character, environment, motive, means, and consequence of the crime; and (d) the Defendant’s benefit and preventive effect after the crime; and (e) the disadvantages and anticipated side effects of the Defendant.