A defendant shall be punished by imprisonment for not less than two years and six months.

Provided, That the execution of the above punishment shall be suspended for three years from the date the above judgment becomes final and conclusive.

Punishment of the crime

On May 31, 2015, the Defendant: (a) around 12:43, around 12:43, the Defendant expressed his intention to refuse the victim E (the age of 11) while entering into the Da Elementary School located in Masung-gun, Mane-man; (b) on several occasions, the Defendant contacted the victim’s left-hand side and kne-free side on several occasions, and contacted knee and kne-man on several occasions.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by E;

1. The expert opinion of F on sexual assault case against children or persons with disabilities;

1. Application of Acts and subordinate statutes to the 112-report case handling table, investigation report (a picture taken by the victim at the scene of damage), investigation report (a CCTV confirmation and a photograph by cutting down the CCTV in front of the D elementary school);

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

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (In full view of the fact that the defendant is a foreigner of Sri Lankan nationality and the defendant seems to have been forced to leave the Republic of Korea due to the sentencing of this case, special circumstances exist where an order to attend the course cannot be imposed on the defendant);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 has no record of having been punished as a sex offense in the Republic of Korea. In light of the characteristics of the instant crime, etc., it is difficult to readily conclude that the Defendant has a general risk of recidivism of a sexual crime against the Defendant, and the Defendant