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

Punishment of the crime

On September 17, 2017, at around 20:10, the Defendant: (a) 20:10, at the entrance of the alley in the D cafeteria located in Ulsan Jung-gu, Ulsan-gu, the Defendant: (b) carried out a form of seal for the victim E (the victim, 10 years of age), and the victim F (the victim, 9 years of age) who was seated and was seated and was selling human form, and (c) laid down the victim E’s buckbucks; (d) laid down the victim E’s bucks on the ground of left hand.

Accordingly, the defendant committed an indecent act against the victims of less than 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The respective statements of E and F recorded in video recording CDs and the application of statutes governing such stenographic records;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, in relation to the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravated increase of concurrent crimes with punishment prescribed in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Capital with heavy quality (aggravated indecent act by a minor under the age of 13];

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. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse 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 sexual crimes), there is a need to impose a disposition, such as an order to disclose or notify that the Defendant is likely to have sexual assault habits or repeat, or that may have a significant impact on the Defendant’s rehabilitation to society, solely on the ground that the Defendant committed the instant crime;

All other circumstances, such as the defendant's age, occupation, and criminal record, the contents of the crime in this case, and the expected effect and side effects of the disclosure order and notification order, etc.