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 September 29, 2018, the Defendant, at around 18:20 on September 29, 2018, committed an indecent act against a person under 13 years of age by reporting the victim C (seven years of age) who was behind the Defendant’s male toilet located in B, on his/her own hand, while having been going to use a toilet before the male toilet located in B.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each written statement of D;

1. Application of statutes on site photographs;

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

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order to disclose or notify, to the effect of preventing recidivism of a sexual crime due to the absence of a previous conviction by the accused, is difficult to readily conclude that an order to attend a course and an order to register personal information, and an employment restriction order has an effect to prevent recidivism; and all the circumstances, including social benefits expected by an order to disclose or notify, the effect of preventing sexual crimes, the disadvantage and anticipated side

1. The Defendant and his/her defense counsel convicted him/her of the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant and his/her defense counsel offered that they first enter the victim who was waiting to leave the toilet, and there is no fact that the victim's sexual organ was disturbed

However, according to the evidence duly adopted and examined by this court, the fact that the victim's sexual organ was met as stated in the judgment of the defendant is clearly recognized.