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

The defendant is the D Middle School Security Guards located in Busan Dong-gu C.

On June 15, 2013, at around 11:30, the Defendant discovered victims E (e.g., 11 years of age) playing in the individual room of the first floor of the above D secondary school, and told the victim to commit an indecent act against the victim, and put the victim into the D secondary administrative office, leaving the victim in the D secondary school administrative office, closing the entrance, and opening the entrance between the two pages, and pressing the windows of the corridor side.

The defendant was seated in the above administrative room, and then knee of the defendant's knee in the above actions, and knee of the victim following the victim's knee, etc., and the victim's chest was taken in charge of the victim's chest.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statements recorded in E;

1. Application of police investigation report-related Acts and subordinate statutes;

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; 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; the Defendant is aged 66 years and has no record of sexual crime; thus, it is difficult to see that the Defendant is highly likely to recommit a sexual crime in light of the favorable circumstances deemed the following grounds for sentencing; and the circumstances leading up to the instant crime; and the profits and preventive effects expected by the Defendant’s disclosure and notification orders;