A defendant shall be punished by imprisonment for three years.

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

The Defendant served as a police official belonging to the B police station and retired from office on December 31, 2012, and thereafter, from March 2013 to June 2015, the Defendant was working as a guardian of the learning ground of racing C, and from June 8, 2015 to May 10, 2019, the Defendant served as a guardian of the learning ground of racing D elementary school.

At around 15:00 on May 10, 2019, the Defendant: (a) at the guardian room of D elementary school in E on May 15:0, 2019, the Defendant: (b) had the victim F (the 10-year age), who is the student, (c) had the victim live in the playground to report and commit an indecent act; (d) had the victim knee, knee, kne, kne, and kne, kne, kne, kne, kne; (e) had the Defendant kne, kne, kne, kne, kne, kne, of the victim; and (e) had the victim kne, kne of the victim by putting the Defendant’s hand into the victim’s kne, kne, and kneed the victim’s kn part into the victim’

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording, recording, and statement statement made by the police to G;

1. Application of Acts and subordinate statutes to each police report (Evidence Nos. 3, 5) and each police investigation report (Evidence No. 6 to 8, 13).

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The exemption from disclosure orders and notification orders shall be the protection of children and juveniles against sexual traffic;