A defendant shall be punished by imprisonment for two years.

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 January 2, 2009, the Defendant: (a) around 01:00 to 04:00, at the D 315 room located in the former without North Korea-U.S. C; (b) at the time, the Defendant was placed behind the Victim F (F (Y, 9 years of age) son, E, who is an employee of the same insurance company, in the same insurance company, and was locked; and (c) the Defendant was able to resist with the victim’s clothes, which are able to resist; (d) placed the victim’s chest into the clothes in the state of her ability to resist, and

Accordingly, the Defendant committed an indecent act against the victim under 13 years of age, who was diving and was unable to resist.

Summary of Evidence

1. Each legal statement of a witness G, H, I, and J;

1. Part of the defendant's statement in the first trial record;

1. The statement of the victim recorded in the video CD;

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

1. Article 8-2 (4) and (3) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 10261, Apr. 15, 2010); Articles 299 and 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

1. Where a conviction becomes final and conclusive on each of the instant facts constituting the crime of this case, which is subject to the registration of personal information under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

However, Article 38(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) and Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, in light of the fact that the defendant has no criminal history of the same kind, and the defendant recognized and against the fact that the defendant committed an indecent act as seen below, the victim paid an amount equivalent