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

Punishment of the crime

On February 8, 2020, at around 12:10, the Defendant considered “C convenience store” located in Kim Jong-si B, to be a victim D (one-year old), who is drinking if he was seated in the table, and the victim was able to commit indecent act by force, and the victim was able to write the victim’s head on his hand and rhy with his hand, and continuously write the victim’s right shoulder by hand.

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

Summary of Evidence

1. Application of the Defendant’s legal statement and report (related to the verification of CCTV video images at the site and attaching photographs), stenographic records (D), victim’s statement recording CD-related Acts and subordinate statutes;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, and the choice of imprisonment with labor

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 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose and notify;

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

D. The term “the sex offense subject to the age of 13” [type 3] mitigation element: In the event that the degree of indecent act is weak, the punishment is modified according to the source of punishment [the recommended field and the scope of recommendation] special mitigation range, one year to five years of imprisonment.