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

The defendant is a taxi engineer of the B B B-S car, and the victim C (the age of 9 was a passenger who was on board the said taxi.

Around 20:30 on June 14, 2019, the Defendant was stopping as a signal signal in the atmosphere near Jongno-gu Seoul Metropolitan Government D apartment on the road, and the Defendant refers to the victim (the age of 8 at that time) who was on the back seat of the said taxi and the victim's paradying distressed with the birth of the victim "brupted h. for early use", and the victim's sexual organ was limited to the victim's sexual organ one time by inserting his hand into the seat of the victim, and the victim's sexual organ was limited to the victim's sexual organ one time as he was suffering from the victim's own hand.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness E and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. C's statement stored in stenographic records and video CDs;

1. C’s statement;

1. Application of Acts and subordinate statutes to an intermediary report, and expert opinion of child sexual assault case;

1. Relevant legal provisions on criminal facts and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), and Article 298 of the Criminal Act (amended by Act No. 17264 of May 19, 202)

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 made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;