A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On October 3, 2013, at around 18:34, the Defendant: (a) discovered a victim who is a minor under 13 years of age, at the house of the victim D (n, 8 years of age) who was inside the Pyeongtaek-gun, Gyeonggi-do, and was under 13 years of age, with the intent of committing an indecent act by forcing the victim to take the victim into a hostile place; (b) took the victim’s bicycle riding at around 2km; (c) took the victim’s bicycle riding at around 800 meters; and (d) made the victim get off the bicycle at about 80 meters from the direction of the EF bridge located in Gyeyang-gu, Gyeonggi-do, where there is no human being, and let the victim get off the bicycle and get off the victim; (d) took the part of the victim’s under the influence of alcohol; and (e) taken the victim’s sexual organ into the part of the victim’s drinking.

The Supreme Court made indecent act on the victim who is a minor under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records on D;

1. A complaint;

1. CCTV photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides probation or attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

2. The range of recommended sentences according to the sentencing guidelines [decision of type] sex crimes, general standards, sex offenses against the age of 13, indecent acts by compulsion (special person): Reduction factors: the area of punishment in which punishment is mitigated [decision of the recommended area], imprisonment.