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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 12, 2019, the Defendant: (a) around 15:20 on April 12, 2019, the Victim D (7 years old at that time) who waited for a driver’s vehicle for a private teaching institute in front of the C Jeong-si, waitings for a driver’s school in front of the C Jeong-si, waitings around the sperm, shakings his hand around the Defendant, and her left hand by taking advantage of the cresh.

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

Summary of Evidence

1. Legal statement of witness D;

1. Stenographic records;

1. A criminal investigation report (Attachment of photographs), internal investigation report (Attachment of CCTV video recording), internal investigation report (Attachment of a detailed statement of processing the 112 reported case and a detailed statement of recording data), internal investigation report (Access of telephone conversations of the victim), investigation report (Confirmation of the details of cell phone conversations of the victim), investigation report (Confirmation of the reported details of the 119 Safety Center), and investigation report (Re-verification of CCTV images for crime prevention in front of the C intersection);

1. Notice of the results of video appraisal, and the application of statutes governing video storage CDs;

1. Relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019)

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Persons with Disabilities provides that a sex offender subject to registration shall be subject to reporting.