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 was living together with the victim C(16 years old, female)'s high-class families.

On April 29, 2016, around 03:50 on April 29, 2016, the Defendant: (a) placed the body clothes of the victim in his/her hands on his/her hand to the victim, who was divingd in the room of the victim located in Gangseo-gu Busan Metropolitan City D; and (b) released the victim’s knife to the victim’s knife with his/her hand

As a result, the defendant committed an indecent act against a child who is a juvenile with mental or physical disability by taking advantage of the victim's loss status.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A criminal investigation report (video recording of a victim C's age of 16), a CD recording of the victim's statement, a transcript of the statement of the victim (C);

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to the investigation report (the result of DNA appraisal);

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act (a indecent act by blood or marriage), Article 7 (4) and (3) of the Act on the Protection of Juveniles from Sexual Abuse, Article 299 of the Criminal Act on the Protection of Children and Juveniles from Sexual Abuse (a indecent act by blood or marriage)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;

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) 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 (the Defendant has no record of criminal punishment for a sex offense before committing the instant crime, and the Defendant is expected to have an effect of preventing recidivism to a certain extent only by taking lectures in registering personal information and taking lectures in treating sexual assault.

In addition, the age, family environment, and social relationship of the defendant;