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

3...

On June 1, 2014, around 20:30 on June 20, 2014, the Defendant committed an indecent act by force against the juvenile, by using the victim D (W, 14 years of age) that was first known while living in the same apartment in front of the entrance of Gangdong-gu Seoul Metropolitan Government C apartment 1010 entrance, and using the victim D (W, 14 years of age) on his/her own hand, and using the part on the chest part above the chest part of the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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 consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under the main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment with prison labor for one year or two years (the determination of a type): The crimes of indecent act by compulsion (the indecent act by compulsion of juveniles shall be included in the category 2, but the upper and lower limits of the scope of the sentence shall be reduced to 2/3) and the mitigated area [whether a person subject to special mitigation] is not subject to punishment [whether a person subject to suspended sentence]] [where the degree of indecent act is weak: Where the degree of indecent act is weak, the grounds for general pride in the punishment are not subject to suspended sentence: There is no previous one and there is no criminal conviction above the suspended sentence, and serious reflect.

3. Determination of sentence: A sentence of imprisonment with prison labor for a year, in which the defendant for a two-year period of stay of execution target a juvenile victim, is disadvantageous;

However, the defendant's mistake is divided into and against his own mistake, and the degree of indecent act is relatively weak, and the defendant is seeking the defendant's wife on December 3, 2014, which was after the prosecution of this case, by mutual consent with the legal representative of the victim on December 3, 2014, and the defendant is fined once.