A defendant shall be punished by imprisonment for two years.

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

On May 24, 2018, at around 23:40 on May 24, 2018, the Defendant: (a) discovered the victim E (one-six years of age) who was visited to sell a direction-setting system to the packaging end in the middle-hand c (D), where the Defendant fested the mixed alcoholic beverage in the Busan Jin-gu B, Busan, Busan, and was using the direction-setting system; (b) sought the victim by using the victim’s own hand, and subsequently, took the face of the victim and dance the victim with the influence of alcohol.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to each investigation report (including attached data Nos. 5, 7 of the evidence list);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. A special circumstance in which the accused may not disclose or notify personal information to the public, when comprehensively considering the age, occupation, family environment, social ties, criminal punishment (no record of punishment for sexual crimes) of the accused, the extent and expected side effects of the accused's disadvantage due to the disclosure order or notification order, and the effects of the prevention of sexual crimes subject to registration that may be achieved due to such order, etc., of Article 49 (1) (proviso) and Article 50 (1) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. Grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018);

1. Scope of punishment: Imprisonment with prison labor for up to 30 years;

2. Scope of recommendations: Imprisonment for a sex offense of two to three years.