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

피고인은 2010. 9. 21.에서 23.까지(추석 연휴) 사이에 불상일 오후경 울산 남구 B아파트 C호 피고인의 주거지 거실에서, 소파에 앉아 혼자 닌텐도 게임을 하고 있던 사촌 동생인 피해자 D(여, 11세)을 발견하고 그 옆에 다가가 갑자기 피해자의 바지와 팬티를 내리고 나이가 어려 상황을 제대로 파악하지 못한 채 놀라 가만히 있던 피해자를 상대로 혀로 피해자의 음부를 핥고 피해자의 상의 안으로 손을 넣어 피해자의 가슴을 만졌다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each police statement of E and F;

1. Some of the written statements of the defendant;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article on criminal facts, Article 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020; hereinafter the same shall apply), Article 298 (a) of the Criminal Act, Article 298 (a) of the Criminal Act, the choice of imprisonment with labor for a minor under the age of 13)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The effect of preventing the Defendant from repeating a crime is that the Defendant was not subject to punishment prior to the instant case under the proviso of Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the Defendant’s personal information registration of the Defendant; taking courses for treating sexual assault; and providing community service alone.