A defendant shall be punished by imprisonment for two years.

Provided, That the execution of the above punishment shall be suspended for three years from the date the above judgment becomes final.

Punishment of the crime

피고인은 2014. 6. 6. 15:30경 전북 완주군 C에 있는 D슈퍼 내에서, 피해자 E(여, 13세)이 혼자서 카운터 평상에 앉아 있는 것을 보고, 피해자에게 다가가 앉은 다음 오른 손가락으로 피해자의 허벅다리 앞 부위를 2~3회 쿡쿡 찌르면서 “너 다리 예쁘다, 몇 살이냐.”라고 묻고, 피해자가 “중1이요.”라고 답하자 갑자기 피해자의 의사에 반하여 오른 손바닥으로 피해자의 허벅다리와 종아리 뒤 부위를 2~3회 가량 쓰다듬었다.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the same Act (as recorded in the record, comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, criminal record, and the risk of recidivism; (b) profits and preventive effects expected by the disclosure order or notification order of this case; and (c) disadvantages and side effects therefrom; and (d) the Defendant who has registered personal information of this case shall not disclose or notify the Defendant’s personal information of this case as a person subject to registration of personal information pursuant to Article 42(1) of the same Act

1. Reasons for sentencing.