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

The defendant around 19:25 on June 18, 2020, at the C main points located in Ansan-gu B, Annyang-si, Annyang-si, the defendant would be able to use the back head of the victim as his hand and then be able to see the victim's own interest.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16923, Feb. 4, 2020), the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16923, Feb. 4, 2020); the defendant's age, character, environment, motive, means, and consequence of the crime; the circumstances after the crime; the profits and preventive effects expected by the disclosure order or notification order; and the disadvantages and anticipated side effects of the defendant following the order, the disclosure and notification of the defendant's personal information should not be disclosed or notified.

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(d) Persons under 13 years of age;