A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 4, 2013, the Defendant: (a) around 14:10 on December 4, 2013, 2013, around Sungnam-si, had waited for a school bus in order to go to the Taekwondo Private Teaching Institutes in front of the Jeju-si C apartment; (b) had the victim’s mind of committing an indecent act by force against the victim; and (c) had walking around the victim’s surrounding areas, the Defendant met with the victim’s clothes, which the victim was able to go to the victim’s hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. A written statement;

1. Application of the statutes governing stenographic records and 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;

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 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the Defendant and the defense counsel under Article 49(1) main text and Article 50(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is merely rhythm of the victim’s earing head, and there is no fact that the victim forcedly commits an indecent act by force.

2. According to the above evidence duly adopted and examined by the court, the following circumstances are acknowledged.

(1) A victim has made clear and detailed statements about the time and place of damage, the indecent act committed, and the method of indecent act.

The expert of child sexual assault case presented the opinion that the credibility of the victim's statement seems to be high considering the contents of the victim's statement, the verbal and cognitive characteristics of the victim, etc.

(2) G.G. at the instant site.