A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 18:50 on May 12, 2016, the Defendant: (a) reported the victim D(7 years of age) entering a private teaching institute in front of C in order to go to the private teaching institute; and (b) committed an indecent act by force against a minor under the age of 13 by stating that “I see, I see, I see, I see, and see, I see, I see, I see, I see, I see, I see, I see, and I see, I see, I see, I see, and see, I see, I see, I see, I see, I see, I see, I see,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on video recording CDs in the field;

1. Relevant Article 7 (5) and (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 concerning criminal facts;

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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the observation of protection, community service order, and order to attend lectures;

1. Reasons for sentencing under Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Juveniles from Sexual Abuse against Children subject to an order of disclosure or notification;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Application of the sentencing criteria [the types of decisions] The three types of sex offenses subject to the age of less than 13 [the persons who are subject to special sentencing] punishment not (the scope of recommended punishment] [the scope of recommended punishment] 2 years and 6 months to 5 years (the area of mitigated punishment).

3. Determination of sentence: Imprisonment with prison labor for three years and suspension of execution for five years, the Defendant committed an indecent act against the victim who is merely seven years of age, and thus is highly likely to be subject to social ethical criticism, and the victim who has not yet been physically or physically mature due to the instant crime seems to have suffered considerable shock. Therefore, the Defendant needs to be subject to strict punishment corresponding thereto.