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

On April 3, 2018, around 02:08, the Defendant found the victim D (one, half, and six years of age) who was satisfying in Jinju-si B, found the victim D (one, half, and six years of age) who was satisfying in order to commit an indecent act against the victim, and used the victim's satisfy with the victim's own hand, and the victim's satisfy from the third degree of satisfying, the Defendant said that “I want to satisfy,” and that “I would rape the victim.”

Accordingly, the defendant committed sexual abuse, such as sexual harassment, which makes a minor victim under 13 years of age feel sexual, and made sexual abuse, such as sexual harassment, which causes sexual humiliation to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the police in relation to D;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes of each internal investigation report and investigation report (No. 2, 13, 17, 19)

1. The legal interest of committing an indecent act against a minor under the age of 13 is the right to form sexual identity and values without any psychological disability, and it does not require a subjective motive or purpose to stimulate, stimulate, and satisfy the sexual desire as a subjective element necessary for its establishment (see Supreme Court Decision 2005Do6791, Jan. 13, 2006; Supreme Court Decision 2005Do6791, Jan. 13, 2006; 2005Do6791, Feb. 13, 2006). The crime of indecent act against a minor under the age of 13 is an act of sexual abuse, such as sexual harassment, etc., committed against the victim’s average sexual moral sense and sexual morality, and thus, it does not require any subjective motive or purpose (see, e.g., Supreme Court Decision 2005Do6791, Jan. 13, 2006).