A defendant shall be punished by imprisonment for not less than one year 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

1. On January 24, 2014, at around 22:50, the Defendant: (a) committed an indecent act by force against the victim by inserting the victim D(n, 16 years of age) following the victim D(n, 16 years of age); (b) preventing the victim from being injured by a single hand; (c) inserting his/her hand into another hand; and (d) inserting his/her bat with his/her hand.

2. On March 19, 2014, at around 18:30, the Defendant found the second floor of the FJA located in Busan YE, and found the victim G (n, 14 years old) who was walking a route around that time, and followed the said place to prevent the victim from suffering one’s own hand, and caused the victim to commit an indecent act by force by inserting the part into another hand.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made in D in the video CD;

1. The police statement concerning G;

1. Each report on the occurrence of a crime;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 6, 10, 14 of the list of evidence);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse concerning G with a more serious criminal situation];

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 consideration shall be made again for the reason of sentencing);

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

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

1. It is difficult to view that the Defendant, who is exempted from disclosure and notification order, is highly likely to recommit a sexual crime in light of the favorable circumstances for the following sentencing grounds, such as having no record of sex offense, etc., and the circumstances leading to the instant crime, etc., and disclosure to the Defendant.