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

1. On March 6, 2015, the Defendant committed an indecent act, such as: (a) reporting the victim E (10 years of age) who is a student of the swimming pool of the building D, Yeonsu-gu Incheon Metropolitan City, on the completion of a shower program, and wanting to wear clothes; and (b) exposing the victim’s sexual organ with his/her hand, with the victim’s inside and outside of the body.

2. On July 2015, the Defendant committed an indecent act, such as: (a) in a shower room within the above swimming pool, at around 16:20, the Defendant committed an indecent act on the part of the victim, who attempted to show a shower, such as taking the victim’s sexual flag back to the end of the development.

Accordingly, the defendant committed indecent acts against minors under 13 years of age.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Legal statement of witness F, E, and G;

1. Statement made by the witness H in the second public trial record;

1. Stenographic records (I);

1. Video-recording CDs;

1. Written opinions, investigation reports, a list of victim's office telephone calls, and photographs after closure on the D website;

1. Application of Acts and subordinate statutes on expert opinions of child sexual assault cases;

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an aggravated punishment of concurrent crimes committed against a minor under 13 years of age) ;

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 reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 21 (2) 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 Children and Juveniles against Sexual Abuse (other than the instant case, the Defendant has no record of being punished for the same kind of crime, and the instant crime is not for many unspecified victims.