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 a water pipe that repairs drainage pipes, sewage pipes, etc.

At around 16:50 on June 26, 2013, the Defendant: (a) laid the equipment outside of the Bara 101 in order to accommodate the drainage pipes referred to in the above Ba 101, in front of the Bara 1, the Defendant discovered the victim D (bee, 8 years) entering the entrance of the Bara; (b) attempted to commit an indecent act against the victim; and (c) told the victim “I go back to the school, I going back to the school.” The Defendant laid the victim’s chest on his hand.

Accordingly, the defendant committed indecent acts by force against minors under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (D);

1. Written complaint(E) and recording (D);

1. Each investigation report (a list of evidence Nos. 7, 12, 16, 17, 24, 25, 29);

1. Application of family relation certificates and certified copies of resident registration Acts and subordinate statutes;

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 extenuating circumstances among the reasons for sentencing);

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

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Where the degree of the indecent act is weak (the scope of recommending punishment): The range of recommended punishment according to the sentencing guidelines (the determination of a type), the group of sex crimes, the general standards, and the Type III (specially decent act by compulsion) among the sex offenses subject to the age of less than 13: Imprisonment with prison labor for a period of two years and six months to five years;

3. In light of the fact that the Defendant committed the instant crime by compulsion of another’s children under the age of eight, and the nature of the instant crime is not weak, and that it is apparent that the victim, who has not yet been physically and physically mature due to the instant crime, would have obtained considerable mental impulses, it is necessary to punish the Defendant strictly.