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 June 25, 2012, around 17:40 on June 25, 2012, the Defendant discovered a minor victim D (12 years of age) with the view to committing an indecent act against the victim and found the interview related to defective food.

The Defendant: (a) sent the victim with approximately 10 meters away from the victim to the 1st floor parking lot of Gangseo-gu Seoul Era, Gangseo-gu, Seoul; (b) cut off the victim’s boundary; (c) cut off the victim with the above Ba’s stairs; and (d) called “the difference between the male and female” to the victim; (d) the victim knife the victim’s hand, and the victim knife the victim’s knife against the victim’s will; and (e) the victim knifeed against the victim’s will.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each investigation report (including the case of submission of the victim's mother picture, etc., the relation to witness's statement, a specific case of suspect, and photographs with victims at the scene of crime) and documents attached thereto;

1. A complaint;

1. Application of CCTV screen and photographs at the scene of crime to the Acts and subordinate statutes;

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 factors shall be repeatedly taken into consideration among the reasons for sentencing);

1. The main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] shall be punished by imprisonment with prison labor for not less than 2 years and not less than 6 months but not more than 15 years (special persons].