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

On July 20, 2013, from around 10:00 to 12:00, the Defendant sent a text message to the victim D (hereinafter, 12 years of age) residing in adjoining areas, at the home of the Defendant located in the territory of the Republic of Korea (hereinafter, “the Defendant”) from around 10:0 on July 20, 2013, which read “to rest on the Eshore, to rest on the Eshore,” and had the Defendant induced the victim, who read the electronic book from that place to the mobile phone, helps the victim to commit sexual impulse.

피고인은 위와 같이 마음먹고 피해자에게 다가가 혀로 피해자의 귀를 핥고, 이에 피해자가 “기분 나빠요. 하지마세요.”라고 말하자 계속하여 피해자의 상의 속으로 손을 집어넣어 피해자의 가슴을 만지고 팬티 위로 피해자의 음부를 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Record of complaint filing and statement recording;

1. Application of the Acts and subordinate statutes to photographs of text messages;

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

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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 (1) of the Criminal Act;

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

1. The main sentence of Article 49 (1) 1 and Article 49 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a crime against a defendant who has registered personal information of Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 the defendant is a person subject to registration of personal information.