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 is a person who operates a human extraction store in the name of "E" in Busan Seo-gu, Busan, and the victim F (F, Sept. 2, 2004) is an elementary school student located in the location of the store.

1. 피고인은 2016. 12. 후반 일자 불상 15:40 경 ‘E’ 인형 뽑기 매장에서, 게임 구경을 하며 앉아 있는 피해자의 옆에 앉은 뒤 피해자에게 “ 돼지야, 뚱뚱 하다, 살 좀 빼라, 왜 이런 바지를 입느냐

The horses, “,” etc., and the parts of the victim’s right buckbucks were collected in the tear part of the Cheongbow in which the victim was suffering, and the victim’s right buckbucks were unbucked, and the parts of the victim’s side bucks continued in the form of human body were confined to both hands.

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

2. 피고인은 2016. 12. 후반 일자 불상 17:30 경 제 1 항 기재 장소에서, 게임 구경을 하며 앉아 있는 피해자의 옆 의자에 앉은 뒤 피해자에게 “ 뚱뚱 하다. 돼지 다” 라는 등의 말을 하며 갑자기 피해자가 입고 있던 청바지의 찢어진 부분에 손가락을 집어넣어 피해자의 오른쪽 허벅지 부분을 비비며 만지고, 계속하여 피해자의 옆구리 부분을 양손으로 주무르듯이 만졌다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. F’s statement recorded in video recording CDs;

1. Investigation report (Attachment of expert opinion on sexual assault case against children with disabilities);

1. Investigation report (Attachment to a Cheongba photograph taken by the injured person at the time of damage);

1. Application of the statutes governing de facto survey reports and field photographs;

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, respectively, concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):