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

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) committed by the Defendant, around 22:00 as of October 20, 2016, at around 22:0, the victim E (in female, 12 years old) walked around the late door of the D High School located in Songpa-gu Seoul, Songpa-gu, Seoul, and approaching the latter, thereby approaching the victim’s right side.

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

2. Around June 12, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) reported that the Victim F (n, 14 years of age) was faced by the victim in the vicinity of the offlighter of the D secondary school located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, and accessed the victim in front, thereby putting the victim on the bottom of the right side of the victim and making the bucks down.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Application of each video CD-related statute to F and E;

1. Relevant Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the fact that forced indecent acts are committed against minors under the age of 13, the selection of the punishment of imprisonment), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the fact that forced indecent acts against juveniles are committed against them and the choice of the punishment of imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 and Orders to attend lectures and Orders to provide community service;

1. The exemption from disclosure orders and notification orders under the proviso of Article 49(1) and Article 50 of the Act on the Protection of Juveniles against Sexual Abuse.