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.

Criminal facts

At around 10:55 on August 6, 2014, the Defendant called, “the head of the household,” and called, “the head of the household,” and moved the victim to the Defendant’s residence in the above apartment 301 Dong 701.

Although the Defendant refused to do so by the victim in the above residence, the Defendant forced a person under 13 years of age by putting the victim’s hand and putting the victim’s clothes in front, putting the victim’s clothes in front, putting the victim in front of his clothes, putting the victim on a bed, holding the victim’s body and sexual organ on the bed, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement on processing a reported case, and a criminal report to be investigated by a police officer visiting the scene;

1. Stenographic records or transcript;

1. The expert opinion of each case of sexual assault against children with disabilities;

1. Photographs (the CCTV photograph of the accused, victim's CCTV, inside photograph of apartment, and photograph of the accused);

1. Application of Acts and subordinate statutes in Chapter 2 of the elevator CCTV recording CDs and the statement recording CDs;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (only in special circumstances where it is impossible to impose an order to attend a course due to the lack of health conditions, such as that the defendant suffers from a disease in the liver and liver cell cancer from around 2008);

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a conviction is finalized against a defendant who has registered personal information under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;