A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the victim B (n't, 11 years old at the time) and the non-party relationship.

On July 31, 2015, the Defendant visited the mother's home located in Busan-gu, Busan-do, to talk with the victim and other interested parties.

1. On August 1, 2015, from around 00:00 to 04:00 on the same day, the Defendant accumulated in the side of the victim, who was accumulated on the floor, in order to sleep in the living room at the above house, and was in front of the victim’s chest and sound with the victim’s own hand.

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

2. At around 04:00 on August 1, 2015, the Defendant: (a) entered a small room with the victim as the victim’s body by avoiding indecent acts by force by the Defendant; (b) entered the victim’s body as the lower room; and (c) entered the victim’s body as the victim’s body; and (d) joined the victim’s own entrance.

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Details of letters given and received with the victim's private villages;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on the crime, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion of minors under the age of 13);

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act among the crimes listed in paragraph (1) of the same Article (the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Punishment of Crimes listed in paragraph (2) of the same Article concerning a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has a heavier punishment among the crimes listed in paragraph (1) of the same Article);

1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2 and Article 50 (1) of the Criminal Act is heavier than that of concurrent crimes;