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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.
Reasons
Punishment of the crime
From March 2009 to February 2, 2010, the Defendant: (a) left the first half of the third grade D elementary school in Youngdo, Busan; and (b) allowed female students with good learning attitudes to sit in knee and kis; and (c) allowed them to do so.
On April 209, the Defendant committed an indecent act by force on a person under the age of 13, who was a victim E (at the time nine years of age), who was the head of the Ban at the time in the class of the third grade 1 of the above school, knee, knee, knee, and knife the knife into the victim's entrance.
Summary of Evidence
1. Defendant's legal statement;
1. Records of statements;
1. Application of Acts and subordinate statutes on expert opinions of child sexual assault cases;
1. Article 8-2 (5) and (3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 932, Mar. 15, 2010); Article 298 of the Criminal Act (the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 13 of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 9765 of Jun. 9, 2009; hereinafter “former Act on the Protection of Children and Juveniles from Sexual Abuse”); Article 62-2 of the Criminal Act; Article 59 of the Act on Probation, Etc.
1. The reason for sentencing is that Article 3(4) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010); Article 37(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Provided, That personal information provided to an order to disclose under Article 3(5) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010) is imposed.