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

Punishment of the crime

1. The Defendant was aware of the missing child C (here, 11 years of age) who was deserted from his/her guardian, and the victim was aware that the victim was unable to discern things or make decisions due to the mental disorder of class 2 of the intellectual disability, and was able to commit an indecent act against the victim.

On December 7, 2016, the Defendant committed an act as if the victim did not have the ability to discern things or make decisions, with a view to committing an indecent act against the victim at the Eel located in Da in Yasan City around 01:11, 201, and feld the victim as if he did so, and feld him with the victim as 506, thereby inducing the victim.

Accordingly, the defendant enticed the victim for the purpose of committing indecent act.

2. The Defendant, from around 01:11 to around 07:42 on December 7, 2016, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13) threatened the victim with the effect that “if the victim does not have his/her body, he/she would go to his/her house without his/her own body,” etc., left from his/her guardian and in an uneasible state, he/she threatened the victim to the effect that he/she would be able to make the victim’s sexual organ up against his/her will, and that the victim would be able to take the victim’s sexual organ up by his/her hand.

Accordingly, the defendant, through intimidation, committed indecent acts against the victim under 13 years of age.

3. No person who violates the Act on the Protection and Support of Missing Children, etc. shall protect a missing child without filing a report thereon with the head of the police office without justifiable grounds;

Nevertheless, the Defendant: (a) discovered the missing child C, who was abandoned from his care from his care from around December 6, 2016 to around 07:42 the next day; (b) provided protection to the victim without reporting the victim to the head of the police office without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement recorded in video recording CDs 1.