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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 15, 2015, around 17:30, the Defendant found the victim D (n, 10 years of age) who sought to get a stairs around the elevator of the first floor, 104-dong apartment 104, and asked the victim "I am on some floors" to "I am dead," and forced the victim to commit an indecent act by force while I am the shoulder of the victim as his hand, while I am knife the victim's shoulder with his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Video CDs;

1. CCTV images (the Defendant asserted to the effect that he was in an insane condition with the ability to discern things or make decisions due to drinking alcohol at the time of the instant case. However, according to the evidence adopted and examined by the court, the Defendant was deemed to have served alcohol at the time of the instant case, but in light of the background and means of the instant crime, the Defendant’s act before and after the instant crime, the Defendant’s attitude to make statements to the investigative agency, etc., which are acknowledged by the above evidence, it does not appear that the Defendant was under the influence of alcohol at the time of the instant case, and thus, the Defendant’s above assertion is rejected).

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The age, occupation, family environment, social relationship, relationship between the defendant and the victim, and risk of recidivism, which are recognized in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, 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;