A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. On January 2015, the Defendant: (a) at the D apartment guard room where the Defendant, located in Young-gun, Young-gun, Youngnam-gun, the Defendant: (b) had the victim E (influence, 8 years old); (c) had the victim’s shoulder at the D apartment guard room where he works; and (d) had the victim’s shoulder part at the victim’s 3 to 4 seconds.

Accordingly, the defendant committed indecent acts by force against the minor victim under the age of 13.

2. From 7 days to 10 days after the date mentioned in paragraph (1) 1, the Defendant: (a) had the victim E (the 8-year old age), who reads water in the above D apartment guard room, had the victim taken the mind of committing indecent act; and (b) had the victim “Illldo”, and “Ildon", “Ildon", “Ildon,” and had the victim’s shoulder part 3 to 4 secondss down with the left hand.

Accordingly, the defendant committed indecent acts by force against the minor victim under the age of 13.

Summary of Evidence

1. Partial statement of the defendant;

1. Determination on the victim's statement stenographic records, defendant and defense counsel's assertion

1. In the case of paragraph 1 of the argument, not only did the Defendant had no intention to force the victim to commit an indecent act, but also did not assault or threaten the victim, and the Defendant’s act cannot be deemed as an indecent act.

In the case of paragraph (2) of the judgment, the defendant did not assault or threaten the victim.

2. Determination

A. In light of the intent of the victim, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of the age, etc., the indecent act should be determined carefully, taking into account the victim’s intent, gender, age, relationship before the offender and the victim, the circumstances leading to the act, the manner leading to the act, the surrounding objective situation, and the sexual moral sense of the age, etc., but Supreme Court Decision 2012Do3893 Decided June 14, 2012.