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 January 17, 2015, around 16:15, the Defendant discovered that the victim E (the 11 year old and female) residing on the second floor of the building in question, who reported video in the D video room located on the third floor of the building C at Jeju, was able to capture up the stairs to house and to force the victim into force by force.

Therefore, the Defendant, by stating that “I wish to take food,” as “I will do so,” made a child under 13 years of age indecent act by force by force, such as cutting the victim’s bucks by hand and walking the bucks up to the bucks by another hand.

Summary of Evidence

1. Defendant's legal statement;

1. Two video CDs in the victim’s statement;

1. Stenographic records;

1. The application of statutes on internal investigation reports (related to the analysis of CCTVs, the submission of written opinions by experts in sexual assault against children and disabled persons, the submission of 4-distance in light and CCTV analysis in front of viewing) and respective accompanying data;

1. Relevant 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under Article 49(1)1 and the main sentence of Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a relevant agency under Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of recommendations according to the sentencing criteria (the scope of recommendations).