A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a taxi driver, and the victim C (here, July 98) is a student of the first-year high school who is suspected of having a intellectual disability at the level of mental retardation in the city.

The defendant has been living together with the victim's family since five years ago between his father and his father.

On December 1, 2013, the Defendant, at the house of the victim (at that time, 15 years of age) located in Ulsan-gu, Ulsan-do, stating that the victim, who sits on the floor and works on the computer, is "only on the Internet, and she must go through a computer," and that the victim's right chest was 3 through 4 times with his own hand.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Records of statements, reports on investigation of children with disabilities;

1. Application of Acts and subordinate statutes to report internal investigation (the party telephone investigation against the victim's father D);

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] 1 to 15 years [the determination of types] sexual crimes (the objects of 13 years old or older) and 2 types of indecent act by force (the object of 13 years old or older): where the exercise of tangible force is considerably weak [the scope of recommending sentences] 1 to 2 years (the scope of sentencing is reduced to 2/3 as to the range of sentence in the area of mitigation of type 2 because it is mitigation and juvenile indecent act by force) (the decision of sentencing) / The defendant can grow up as healthy members of society.