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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant has been living in the second floor of the victim's residence in Yangyang-gun D for about two years, between the mother of the victim B (a family name, female, 10 years of age) and the friendship C, and around two years ago.

On August 26, 2018, at around 23:50 on August 26, 2018, the Defendant drinking alcohol with the victim’s mother C with drinking in the front floor of the above residence, and was under the Defendant’s room. The Defendant reported the victim who was diving in the victim’s room through the open door, and attempted to commit an indecent act against the victim by taking advantage of the victim’s state of failure to resist, she was inside the victim’s room, and she was seated with the victim’s left chest.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's state of difficulty to resist under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to 112 reported case handling lists and photographs at the scene of crimes;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation or Order to Attend;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, in accordance with Article 42(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), and Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), the Defendant constitutes 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 thus, personal information is