A defendant shall be punished by imprisonment for not more than ten 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

피고인은 2013. 4. 28. 05:30경 서울 성동구 C 소재 D사우나 1층 소금방 앞에서, 피고인의 발밑에서 잠을 자고 있던 피해자 E(여, 16세)의 엉덩이 부위와 성기 부위를 피고인의 발바닥으로 비볐다.

The Defendant committed an indecent act against a child or juvenile victim by taking advantage of the victim’s refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 concerning criminal facts;

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 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is registered under Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 34

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Application of the sentencing guidelines [Determination of type] sexual crimes, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), and types 2 (Specially Indecent Act by Indecent Act by Compulsions): The mitigated elements of punishment [the scope of decision and the balancing of recommendations] [the scope of decision and recommendations in the recommended field] mitigation field, imprisonment from September to June (in the case of indecent act by compulsion by juveniles, it shall be included in the category 2, but the upper and lower limits of the sentencing range shall be mitigated to 1/2] aggravation of the sentencing guidelines [general person] aggravation of punishment for juveniles: Suspension of execution [the criteria] principal reasons for participation (esteem).