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 a person who was a security guard in Ansan-si C apartment, and the victim D (V) was a minor under the age of 13 who was living in the above apartment where the defendant works.

Since four years ago, the Defendant came to know of the victim naturally while working as the security guard of the above apartment, and the victim and the future children came to play in the above apartment playground, and drinking water to the security room where the Defendant works.

On April 21, 2014, at around 18:00, the Defendant: (a) reported the victim’s entry into the guard room for drinking water; (b) attempted to commit an indecent act against the victim; (c) opened the guard room; and (d) kisk in the victim’s entrance; and (c) put his kis in the drafting of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing recording records;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

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

5. In full view of all the circumstances, such as the background leading up to the occurrence of the instant case, Defendant’s age, family environment, benefits and preventive effects expected due to the instant disclosure order or notification order, and disadvantages and side effects therefrom, it is difficult to readily conclude that the Defendant had no record of punishment for sexual assault crimes. In full view of all the circumstances, the Defendant’s personal information should not be disclosed and notified.