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 is a criminal of “C” located in Kimpo-si, Kimpo-si, and the victim D (V, 10 years old) is an original student who attends the above seal.

On August 2017, the Defendant committed an indecent act by force against the victim under 13 years of age by putting his/her fingers into the victim’s clothes while leaving school vehicles operated by his/her seal and her fingers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statements recorded CDs with D;

1. Investigation report (the verification of facts against the victim and his/her birth together), investigation report (the taking of Taekwondo clothes by the victim);

1. Opinion of a statement analysis expert;

1. Application of Acts and subordinate statutes on internal photographs of vehicles;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the defendant's age, environment, family relationship, previous convictions, and risk of recidivism (no same type of force)] of the child exempted from an order to disclose or notify information, the details and contents of the crime of this case, and other circumstances such as the disadvantage and anticipated side effects that the defendant may suffer due to the order to disclose information, and the prevention effect of sexual crimes that may be achieved thereby, a special circumstance in which the disclosure of the defendant's personal information shall not be disclosed is acknowledged];

1. Determination as to the assertion of the Defendant and the defense counsel under the main sentence of Article 56(1) of the Act on the Protection of Children against Sexual Abuse

1. The summary of the argument is that the Defendant, while playing with the victim, has a forum for the victim. However, as shown in the facts charged, he/she puts his/her hand into the victim’s clothes and her chests.