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

Punishment of the crime

On 2011, the Defendant committed an indecent act against the victim, who was in kinship 104, 212, at his own residence at the small room of the Nowon-gu Seoul Special Metropolitan City, 104, 212, the Defendant discovered the victim D (the age of 12 or 13 at the time, 12, or 13) who was intending to commit an indecent act against the victim, who was sexual intercourse with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports (to attach written opinions of experts in sexual assault cases against children or persons with disabilities), and accompanying materials;

1. Recording records, and the application of statutes governing certificates of persons with disabilities;

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) the proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); (b) the Defendant’s age and occupation; (c) type and motive of the crime; (d) the process and consequence of the crime; (e) the risk of repeating the same electric power; and (e) the disclosure and notification order; and (e) the degree of disadvantage the Defendant was at the disadvantage of the Defendant due to the disclosure and notification order; and (e) the effect of preventing sexual crimes subject to registration;