A defendant shall be punished by imprisonment for two years.

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 and the victim B (one, the other, the other, the 15 years of age) are not known to each other.

On May 12, 2019, at around 16:20, the Defendant discovered the victim who sees public performances in front of the central stage set up in the D department stores located in Daegu-gu, Daegu-gu, and subsequently accessed the victim’s sexual organ, and her sexual organ was pushed back to the lower part of the victim’s sexual organ.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement under B (alias) and E;

1. Application of Acts and subordinate statutes to investigation reports (including list of evidence Nos. 8 and accompanying materials);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. 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 (in light of the Defendant’s age, occupation, risk of recidivism, type of and motive for the instant crime, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sex offenses that may be achieved therefrom, and the effect of protecting the victims, etc., it is deemed that there are special circumstances in which personal information shall not be disclosed or notified);

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. The scope of punishment by law: Imprisonment for two to thirty years;

2. Scope of recommendations according to the sentencing criteria (decision of types): Sex crimes; general standards;

B. The crime of indecent act by compulsion (the 13-year old or over) is committed by blood relatives (the 2-year old type).