However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On July 19, 2013, the Defendant: (a) on July 17:05, 2013, caused the victim D (here, 14 years old) who returned to the Republic of Korea after completing a course of study to report his/her desire to do so; and (b) caused the victim D (here, 14 years old) to stop resisting the victim’s neck with his/her left hand; and (c) caused the victim’s chest by his/her hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning the facts constituting an offense, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

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) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing of a child or juvenile exempted from disclosure or notification order (in light of favorable circumstances, etc. that are seen as the grounds for sentencing below, it is difficult to deem that a defendant is likely to recommit a sexual crime, and in full view of all other circumstances, it is difficult to deem that the defendant has any special circumstances that the disclosure or notification of personal information should not be disclosed or notified)

1. The crime of this case is an element of sentencing unfavorable to the Defendant, such as: (a) the Defendant committed an indecent act by force against the female under the age of 14; (b) the offense is bad; and (c) the victim is deemed to have caused a considerable sense of sexual humiliation as a result of the instant crime.

On the other hand, the fact that the defendant led to the confession of the facts charged in this case and reflects his mistake, that the defendant has no record of criminal punishment so far, and that the defendant is a disabled person of Grade I intellectual disability is an element of sentencing favorable to the defendant.

Furthermore, the defendant's age, character and behavior, environment, etc. are shown in pleadings.