A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

To the extent that it does not interfere with the defendant's exercise of the right of defense, part of the facts charged was revised in accordance with the evidence relationship.

1. 성폭력범죄의 처벌 등에 관한 특례법위반 (13 세 미만 미성년 자강제 추행) 피고인 겸 피보호 관찰명령 청구자( 이하 ‘ 피고인’ 이라 한다) 는 2018. 7. 6. 21:10 경 서울 송파구 B 빌라 1 층에서 피해자 C( 남, 11세) 을 따라가 피해자에게 “ 입에 소변을 싸 달라 ”라고 말하고, 피해자가 이를 거부하자 갑자기 피고인의 얼굴을 피해 자의 바지 위로 그 엉덩이에 대고 비볐다.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, including deceptive schemes against minors under the age of 13), which is the charge of this part of the facts charged, includes the same factual basis and the same statutory penalty under Article 7(3) and (5) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Defendant recognized that the Defendant committed an act identical to the facts charged in the instant case, even if the Defendant was guilty of indecent act by force, there is no risk of causing any substantial disadvantage to the Defendant’s exercise of his/her right to defense (see, e.g., Supreme Court Decision 2013Do12803, Dec. 12, 2013). The Defendant acknowledged indecent act by force without undergoing the amendment of the indictment (see, e.g., Supreme Court Decision 2013Do12803, Aug. 21, 2018).

"" and "knee knee knee knee of the victim.

Accordingly, the defendant committed an indecent act by force against a minor under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Stenographic records against C and F (Evidence Nos. 9, 9.