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

The Defendant is a social worker who served as a night protection counselor in B from January 15, 2020 to January 31, 2020, and the victim C (ma, 16 years of age) is a juvenile who was admitted to the said shelter from June 15, 2019 and lives therein.

On January 24, 2020, the Defendant: (a) around 01:20 on 01:20, the Defendant: (b) at D3rd floor B shelter in Chungcheongnam-gun, Hongsung-gun, Hongsung-gun, for the purpose of protecting the inmate, had the victim feel locked by reporting and by force; (b) thought that the victim was locked immediately next to the victim; (c) her face was locked; (d) her chest and part of the victim’s breast and part of the part are tight in clothes; (c) continued to use the victim’s breast and part of the part in clothes; (d) her breast and part of the part are knick with his finger and part are knicked; and (e) her finger and buck part are knicked with the victim’s finger and knick with his finger, and continued to return the victim’s finger and part knick with his finger around 600.

그러나 사실 피해자는 잠에서 깼음에도 당황하고 무서워서 자는 척을 하고 있었다.

Thus, the defendant tried to commit an indecent act against the victim who is a child or juvenile by taking advantage of the mental disorder or impossibility to resist, but he/she was guilty of attempted by the victim.

Summary of Evidence

1. The defendant's legal statement that he she sleeps in the victim's side on the date stated in the facts constituting the crime;

1. C’s legal statement;

1. Statement made by the prosecution with respect to F;

1. Application of Acts and subordinate statutes on police statements made to G and H

1. Article 18 of the relevant Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 34 (2) 13, 7 (6), (4), and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Articles 29 and 298 of the Criminal Act;

1. Statutory mitigation;