except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation for two years.

The defendant shall be ordered to take 40 hours of the sexual assault treatment lecture.

The information about the accused shall be disclosed for five years.

The request for the attachment order of the location tracking device of this case is dismissed.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On July 18, 2010, the Defendant, at around 18:43, committed indecent act by compulsion of the victim, who is a child or juvenile, in such a way that he is unable to know his name on the elevator located in the Hanyang apartment (dong omitted) located in Seocho-gu Seoul Metropolitan Government, 327-77, by inducing indecent act by force on the victim’s left chest part of the victim’s chest part by hand, and again, by using only one left chest part of the victim’s left chest part by hand.

2. Violation of the Special Act on the Punishment, etc. of Sexual Crimes (Minor Rape, etc.);

On July 18, 2010, the Defendant, at the place indicated in the foregoing paragraph (1) around 18:46, committed indecent acts by force by force against the victim, who was under 13 years of age by drinking the victim Nonindicted 1 (influence, 10 years of age), and by drinking the victim’s right chest part by drinking the victim’s hand only once.

3. The thief against the victim Nonindicted 3

From July 17, 2010 to August 18, 2010, the Defendant, at the victim Nonindicted 3’s joint marketing center located in Gangnam-gu Seoul Metropolitan Government (hereinafter “△△△ Cooperative marketing center”), concealed three fruits and one bottle of drinking water, where the market price on the victim’s own cannot be determined by the victim’s account, and thereby was stolen.

【Case 2010 Highly 1364】

4. The thief against the victim Nonindicted 2

At around 14:00 on July 16, 2010, the Defendant: (a) used the gap in which the Defendant was unable to know the name at the victim Nonindicted Party 2’s ○○○ Mart 2, 201, which was under active service of 200 new logic-based, Gangnam-gu, Seoul, for calculating the amount of 24,400 won in the display stand by making use of the gap in which surveillance was neglected; and (b) cut off the Defendant’s use of the gap in which the market price was 2

1. Partial statement of the defendant;

1. Legal statement of the witness Nonindicted 3

1. Examination protocol of the accused by prosecution;

1. The police statement of Nonindicted 4

1. The statement of Nonindicted 5

1. Each investigation report (CCTV counter investigation, victim counter investigation, victim counter investigation), family relation certificate, on-site photograph, resident registration photograph, and CCTV photograph;

[Fact 4] (Case No. 2010, 1364)

1. Defendant's legal statement;

1. The statement of Nonindicted 2

1. Receipts, CCTV extract photographs, replys to requests for the personal information of non-chron card members, and reports on investigations;

Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298(a) of the Criminal Act, Article 298(a) of the Criminal Act, Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 (a) of the Criminal Act, Article 298 (a) of the Criminal Act, Article 329 (a) of the Criminal Act, Article 329 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment for Concurrent Crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minor Rape, etc. under Fifteen Years of Age)]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 of the Criminal Act

1. Order to attend lectures;

The main sentence of Article 13(1), the main sentence of Article 13(2), Article 13(5), the main sentence of Article 59(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order for disclosure;

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

A. The point of each indecent act by compulsion

1) Although the defendant was the victim's chest, it does not constitute a indecent act by compulsion on the ground that there was no fact of assault or intimidation against the victims.

2) Since the Defendant did not know that Nonindicted 1 was an elementary school student, the said victim was a minor under the age of 13.

B. The charge of larceny against the victim non-indicted 3

The defendant did not commit theft of fruit and drinking water at the victim non-indicted 3's joint wholesale market, and at the investigative agency, the hotel employees who provided accommodation after being dismissed from the hotel parking staff of the hotel, are able to be reprimanded and make a false statement.

2. Determination

A. Whether to recognize indecent act by compulsion

The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by resorting to violence or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, inasmuch as the assault does not necessarily require that the degree of suppressing the other party’s intent is limited and the force is exercised against the other party’s will, regardless of its force, it does not necessarily mean that the assault is against the other party’s will (see Supreme Court Decision 2001Do2417, Apr. 26, 2002).

In this case, the following circumstances acknowledged by the evidence duly examined in this Court, namely, ① the victims first come to the defendant in the elevator and come to know of each other, ② the victims' chests were involved in the indecent act by deceiving the victims' chests while entering the elevator following the victims, ③ the victims were unable to resist them, ③ the circumstances leading to the above indecent act by the defendant, and the situation at the time, etc., comprehensively taking account of the following circumstances, even if the above act by the defendant was committed objectively, it constitutes the exercise of tangible power committed against the victim's will and the violation of the victim's sexual freedom as well as the ordinary person's indecent act, each act by the defendant's decision can be sufficiently recognized as an indecent act by force. Accordingly, each act by the defendant's decision constitutes an indecent act by force.

(b) Whether there was a perception that he/she was a minor under 13 years of age.

In light of the fact that the defendant stated in the prosecutor that the victim non-indicted 1's chest was delivered to the primary school student, the above victim's age at the time of committing the crime seems to have been known to have been the primary school student level, and even if based on the key, body body, and laver of the above victim's key, which is confirmed by CCTV photographs, it seems that the above victim knew that he was a minor under the age of 13, or was aware that he was a minor under the age of 13, at least he was aware that he was a minor under the age of 13, so the defendant's intent to commit indecent act by force

C. Whether to recognize the theft of the victim Nonindicted 3

The following circumstances acknowledged by the evidence duly examined in this court: ① the Defendant stated at the prosecution that “On July 17, 2010, at the above joint market around 20:0, the victim took 3 fluor and 1 illness around the victim and fluorily stored in the victim’s book” (the 92 pages of the investigation record). ② the Defendant stated that “The victim was not present at the above joint market of 0 fluortly arrested him/her for the purpose of ascertaining the crime place and the fact of damage, and the Defendant stated 7 fluortly after being arrested.” The Defendant stated that it was hard for him/her to recognize that there was a temporary theft of drinking water and drinking water, and that it was hard for him/her to recognize that there was a temporary theft of drinking water in light of the circumstances and shape of the above 7 fluort act of violence.”

3. Sub-resolution:

Therefore, we cannot accept all the above arguments of the defendant and his defense counsel.

【Determination of Punishment】

(1) Basic crimes

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in the Age of 13): The general standards of sexual crime groups and the type 2 of the "sex crime under the age of 13

(2) Any crime other than basic crimes.

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.): The general standards of sexual crime groups and the crimes of indecent act by compulsion against juveniles aged 13 or older.

【Special Convicted Persons】

(1) Basic crimes

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, Minor Rape, etc. under the age of 13): Crimes committed in areas of punishment and in special protection (elevators inside a joint house).

【Scope of Recommendation】

(1) Basic crimes

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minor Rape, etc. under thirteen years of age): Basic area; imprisonment for three years or more to six years.

(2) Any crime other than basic crimes.

Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.): The basic area, two years and six years to five years;

[Scope of the revised Recommendations]

From 3 to 8 years of imprisonment (a multiple crime processing standards and concurrent crimes between crimes for which sentencing guidelines are set)

Imprisonment for not less than three years (the standards for handling multiple crimes and concurrent crimes with no sentencing criteria);

【General Convicts】

No history of criminal punishment (Mitigation elements)

2. Determination of sentence of imprisonment (ten years of suspended execution for three years of imprisonment);

○ Unfavorable Circumstances: The instant crime was committed by the Defendant: (a) committed the instant crime on an apartment elevator by deceiving the chests of the victims who are children or juveniles; (b) committed indecent acts by compulsion; and (c) stolen things at convenience stores, etc. on two occasions; (b) the method and nature of the crime was serious; (c) it appears that the age victims suffered emotional impulses and sexual humiliations during the course of committing the instant indecent act by compulsion; and (d) some indecent acts by compulsions and the victims of larceny did not recover from damage to Nonindicted 3.

The circumstances favorable to ○: The Defendant’s age is relatively 20 years of age and has a depth of the mistake; the Defendant has no record of criminal punishment in addition to the juvenile protective disposition imposed one time due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, Etc.); the victims’ indecent act against the victims; the Defendant is not more severe than the degree of indecent act against the victims; and the Defendant does not want the punishment of the Defendant by agreement with the father of Nonindicted 1 and Nonindicted 2 of the thief.

○ Other circumstances: The motive or background leading to the instant crime, age, character and conduct, environment, circumstances after the instant crime, etc.

A person subject to an order to attach an electronic device shall file a request for an order to attach an electronic tracking device with regard to a person under 16 years of age, as stated in the judgment, because it is recognized that he/she has committed a sexual crime twice over two times and is likely to recommit a sexual crime.

2. Determination

As a suspended sentence is imposed on a person who requested an attachment order, the request for attachment order of this case is dismissed pursuant to Article 9(4)4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders.

Judges Jeon Man-tae (Presiding Judge)

1) Under Article 1(1) of the Criminal Act and Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010), the maximum statutory penalty for each indecent act by force under Articles 1(1) of the Criminal Act is 15 years, respectively.