A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On July 12, 2016, the Defendant: (a) discovered the victim D (n), 9 years of age, E (n, 7 years of age), and committed an indecent act in front of Ulsan-gu, Ulsan-gu; (b) found the victim D (n, 9 years of age) and E (n, 7 years of age) who was sent to the victim in front of Ulsan-gu, Ulsan-gu, Seoul-gu; and (c) took the victim’s son’s son and breast as his son’s son’s son

In the end, the defendant committed an indecent act against minor victims under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records and CCTV photographs;

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

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, concerning the crime;

1. Aggravation of concurrent crimes by concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment by concurrent crimes against D with heavy penalty (an aggravated punishment by a minor under 13 years of age)];

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. Reasons for sentencing under Article 21 (4) and the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime referred to in paragraph (1): Where the degree of prosecution is weak for committing a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against D (an indecent act committed by a minor under the age of 13) [the scope of recommended punishment] for a sex offense subject to the age of less than 13 and the mitigation area (two and half years to five years) (a special mitigation person] for mitigation area (a person subject to special mitigation);

(b) Second offense: A case where the degree of conduct in the mitigation area (two and half years to five years) (a person subject to special mitigation) is weak in the area of mitigation (a person subject to special mitigation) of Type 3 (a person subject to special mitigation) of a sex offense subject to the age of 13) in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against E (an indecent act committed by a minor under the age of 13);

(c) The scope of final sentence due to the aggravation of multiple offenses: Two years and six months to seven years and six months;

2. Determination of sentence;