A defendant shall be punished by imprisonment for not less than one year and six months.

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

On August 19, 2019, the Defendant, in the Gwanak-gu Seoul Special Metropolitan City, had the victim D (ma, 16 years of age) who was under the influence of alcohol in the New Walls B Building C, and had the victim's grandchildren knife and knife the Defendant's knife toward the Defendant's sexual flag.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to investigation reports (in response to reports on complaints filed with DNA appraisal by a suspect), investigation reports (in response to reports on complaints filed with a suspect for appraisal by a suspect);

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (it shall be deemed that there are special circumstances in which personal information shall not be disclosed or notified in full view of the Defendant’s age, the risk of recidivism, the type and motive of the instant crime, the process of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 1738, Jun. 2, 2020);