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

피고인은 2019. 10. 17. 16:00경 대구 달성군 B에 있는 C 앞에서 친구를 기다리던 피해자 D(가명, 여, 10세)에게 다가가 휴대폰으로 남자가 여자의 다리를 만지는 영상 등을 보여주고, 피해자의 귓구멍에 검지 손가락을 넣고, 손으로 피해자의 목에 간지럼을 태우면서 피해자의 어깨를 만졌다.

Around 16:00 on October 18, 2019, the Defendant: (a) 16:00, the victim waiting for her friendship at the place specified in paragraph (1) 4 times, referring to “breath breath breast breast breast”, and the victim refused it, and (b) 4 times the victim’s breast b

Accordingly, the defendant committed an indecent act against the victim under 13 years of age on a total of two occasions.

Summary of Evidence

1. Application of Acts and subordinate statutes to D’s statements, stenographic records, each internal report (including evidence Nos. 2 through 7, accompanying materials), investigation reports (including evidence Nos. 11 and accompanying materials) recorded in a CD;

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, respectively,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated Punishment on the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age)] among concurrent crimes, as provided for in the former part of Article 37, Articles 38 (1) 2, and 50 of the Criminal Act;

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 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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. Children or juveniles who have been exempted from disclosure orders and notification orders;