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 October 3, 2013, around 16:22, the Defendant discovered that the victim C (8 years of age, female) was exposed to the exercise equipment installed immediately front of the Defendant bed while being drunked on the floor in sand park No. 1258-4, Nam-gu, Incheon, Nam-gu, 4, 1258-4, Nam-gu, Incheon. On October 3, 2013, the Defendant was able to buck up the victim’s bucks and bucks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the victim’s statement video CD-related Acts and subordinate statutes;

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

1. The main sentence of Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused falls under 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 shall submit personal information

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Recommendations and sentences on the sentencing guidelines (decision of types), general standards, sex offenses subject to the age of 13, serious reflective factors ( mitigated factors) [Scope of recommending punishment] by imprisonment with prison labor for 2 years and 6 months to 5 years ( mitigated areas);

3. Determination of sentence: In this case, two years and six months of imprisonment, and three years of suspended execution; and