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

피고인은 2014. 8. 28. 02:40경 성남시 분당구 C 앞 노상에서, 인터넷 채팅 사이트 ‘즐톡’을 통해 알게 된 피해자 D(여, 15세)을 뒤에서 강제로 1회 껴안고, 치마 속으로 손을 넣어 팬티 위로 음부를 1회 만져 청소년인 피해자를 강제추행하였다.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Application of Acts and subordinate statutes on witness D's legal statement;

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

1. The reason for sentencing in full view of all the circumstances such as the Defendant’s occupation, social relationship, expected profit and preventive effects from disclosure or notification order, and disadvantages and side effects that the Defendant suffers, etc., the reason for sentencing is that the disclosure or notification of the Defendant’s personal information may not be disclosed or notified, taking into account the following circumstances: (a) the Defendant’s criminal records, the background and attitude of committing the offense, the registration of personal information, and the taking course of sexual assault treatment; and (b) the Defendant’s occupation, social relation, disclosure or notification order; (c) the benefits and preventive effects expected from disclosure or notification order; and (d) the disadvantages and side effects that the Defendant suffers;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. In cases of the indecent act by blood relatives (type 2) and indecent act by indecent act by indecent act by indecent act by blood (type 2), the scope of the recommended punishment according to the sentencing guidelines (the determination of type) shall be general standards for sex crimes, and the upper limit and lower limit of the scope of the punishment shall be reduced to 2/3;

[Special Convicts] Reductions: Punishments not to be imposed.