A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 18:00 on September 4, 2016, the Defendant, at the playground located in D Park in Seo-gu Incheon, Seo-gu, Incheon at around 18:0, 2016, left the victim E (n, 8 years old), who was playing with her natives without the guardian at the first day, left the son in the above D Park, and her chest part of the victim's chest was confined to the defendant's hand, and the victim continued to have her fingerd with the defendant's hand, but continued to have her fingerd with her hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. stenographic records of damage statements (E);

1. Photographs (D Park site and CtV) [The defendant and his defense counsel] asserts that although the defendant had a fact that he had a part of the victim, the defendant did not have a fact that he had a part of the victim, such as the facts stated in the facts constituting the crime in the judgment.

However, the victim is playing in the investigative agency and the victim took care of the victim, and the defendant took care of the victim, and the victim stated clearly and consistently to the purport that the victim took care of the victim's chests and fluor in the victim's mouths, and it is difficult for the victim to find any motive or reason to make a false statement unfavorable to the defendant. Thus, the victim's statement may be reliable, and the expert of child sexual assault case who reviewed the victim's statement also expressed his/her opinion to the same effect.

As a result, the defendant can be found to have committed an indecent act by force by deceiving the victim's chest and the father, and the above assertion by the defendant and the defense counsel is not accepted.

Application of Statutes

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).