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

피고인은 2013. 9. 19. 13:50경부터 17:40경까지 대전 서구 D에 있는 E 건물 4층의 ‘F’ 놀이방 내에서 피고인의 아들과 함께 놀던 중, 피해자 G(여, 5세)이 혼자 놀고 있는 것을 발견한 후 피해자를 추행할 것을 마음먹고 같은 날 15:34경부터 15:40경까지 사이에 위 놀이방 내 정글짐 놀이기구 2층의 원통형 터널 안에 피해자와 단 둘이 있게 되자 피해자가 입고 있던 반바지와 팬티를 옆으로 젖히고 피해자의 음부를 살펴보다가 오른손 검지손가락으로 피해자의 음부를 위아래로 2회 훑고 혀로 피해자의 음부를 2회 핥았다.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. Report on investigation (Attachment of a victim photograph and CCTV photograph at the scene of the crime), application of Acts and subordinate statutes to report on investigation (the photograph of the victim's other suspect);

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction of the instant case on the registration of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse becomes final and conclusive, the Defendant is 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 is obligated to submit personal information

In full view of the fact that there is no criminal record of the defendant as to whether to issue an order to disclose or notify the registered information, and the age, character and conduct, family relationship, etc. of the defendant, it is difficult to see that the defendant is in danger of recidivism, and thus it is difficult to disclose or notify