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

On September 21, 2012, at around 21:00, the Defendant: (a) moved in the family of the victim D (Inn, 11 years of age) residing near the Defendant’s neighbor in the South-west Navy; and (b) was authorized to jointly take the responsibility for the Defendant; and (c) the victim believeded and followed the Defendant.

Therefore, the defendant brought the victim into the place where the human resources in the neighborhood are rare and kept, and later the chest of the victim who is unable to resist to himself/herself was sent to him/her as his/her hand and as soon as he/she saw him/ her.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of stenographic records or a transcript of statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual 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. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 38 (1) 1 and Article 38 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the conviction of a defendant who has registered personal information under the main sentence of Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 34 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. Application of the sentencing guidelines (determination of type), sex crimes, general standards, sex offenses against a person under the age of 13, and types 3 (special sponsors).