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

On May 19, 2014, the Defendant discovered the victim D (L, 11 years of age) who completed the study of a private teaching institute in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and returned to the house, and tried to commit an indecent act against the victim.

The defendant was at the entrance of an apartment in which the victim's residence is located at the above time, and the victim got a secret number, entered into the apartment house, and boarded the elevator along with the victim, and the victim was able to get a second elevator when the victim was able to get a second elevator, and the victim was able to get a second elevator, but the victim was on the elevator first, but the victim was not on the elevator but on the elevator, was able to get the victim from emergency stairs, and was able to keep the victim from suffering from one hand, and was able to get the victim's arms by hand.

Accordingly, the defendant infringed upon another person's residence and forcedly commits an indecent act against a minor under 13 years of age.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement by the prosecution concerning D;

1. An expert opinion on stenographic records or sexual assault cases against children or persons with disabilities;

1. Application of Acts and subordinate statutes of each photograph (No. 4 and 6 No. 5 of the evidence list);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act, Article 298 of the Criminal Act, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act on the Punishment, etc. of Sexual Crimes;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Selection of punishment and limited imprisonment;

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;