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 26, 2015, around 20:30 on September 26, 2015, the Defendant: (a) committed an indecent act against the victim E (12) who takes a bath together with his father on the fourth floor underground of Yeongdeungpo-gu Seoul Metropolitan Commercial Building; (b) was in mind of committing an indecent act against the victim by reporting that the victim E (12 years old) was mixed with his father and committing an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children obliged to provide community service or attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism (the Defendant has no same criminal record and is highly likely to repeat a crime)]

In full view of various circumstances such as the benefits expected by an order of disclosure or notification, the effect of prevention, and disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information of the defendant may not be disclosed or notified.

[Determination]

Reasons for sentencing

1. Scope of recommended punishment on the sentencing guidelines [the range of recommended punishment], general standards, sex offenses subject to the age of 13, and Type 3 [the scope of recommended punishment] without any person [the person subject to special sentencing] [the scope of recommended punishment] from 4 to 7 years;

2. The fact that a male elementary school student's sexual organ has satis at a public bath determined to be sentenced, and the victim, whose sexual values have not been sufficiently formed, has a pipe of considerable sense of shame, etc.