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

Defendant

In addition, the claimant for the observation order for protection (hereinafter referred to as the "defendant") is between the victim B(n, 11 years of age) and the victim B(n, 34 years of age) and the son(n, 34 years of age), and the victim is class 3 of the intellectual disability.

On August 26, 2016, at the Defendant’s residence located in Daegu Northern-gu Down-gu, Daegu-gu, Seoul-gu, around 23:00, the Defendant was locked on the victim between the Defendant and C, and the Defendant’s bridge was placed on the bucks of the victim and the victim’s knick hand.

Accordingly, the defendant, as a minor under 13 years of age, committed an indecent act on the victim with mental disability.

Summary of Evidence

1. Statement No. B recorded in CDs in the second trial records (No. 7 times a year);

1. Statement of the witness E and C in the second public trial protocol;

1. Welfare cards of victims;

1. A report on occurrence (three-3 times a year);

1. Notice of the expert opinion, statement analysis, etc. of child sexual assault case (No. 16, 17)

1. Application of Acts and subordinate statutes on report of internal investigation (specific personal information of suspected victims);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a crime committed by compulsion against a minor under the age of 13), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a person who commits an indecent act by a minor under the age of 13));

1. Selection of imprisonment with prison labor chosen;

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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order for disclosure, an order for notification, and an order for restriction on employment is exempted, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the accused shall be the same);