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

Around 19:00 on May 6, 2012, when a victim H (n, 11 years old) who fested with a female’s family member in the Mancheon Emcheon Emlet “F amusement park”, she flicked with other children, she flicked the fire above on the top of the camping site, flicked the cell phone so that he flick and flicked and flicked with other children, the Defendant flicked the victim’s chest, and flicked the victim by taking advantage of the flick inside the cell phone, and flicked the victim to force indecent acts by force, the Defendant flicked the victim’s chest by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. Each police statement concerning J, K, and L;

1. The statement of H);

1. Application of Acts and subordinate statutes to notify the results of statement analysis;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), 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 extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following: (a) the proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) the Defendant is a primary offender; and (b) the Defendant’s age, occupation, type and motive of the instant crime; (c) the process and consequence of the instant crime;