A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

피고인은 2016. 4. 26. 18:00 경 구리시 C에서 교복을 입고 귀가 중인 피해자 D( 가명, 여, 17세) 의 일행을 발견하고 뒤쫓아 가다가, 이를 눈치 챈 피해자가 걸음을 멈추자 피해자의 엉덩이와 다리에 자신의 몸을 밀착시켜 청소년인 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on CCTV image data in written statement E of the police statement concerning D;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

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

1. There is a risk that a defendant may recommit a sex crime in light of various circumstances, including the fact that the defendant has no record of sex crime, in light of the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from an order to disclose or

It is difficult to readily conclude that there are other special circumstances in which the disclosure of personal information of the accused may not be disclosed in comparison with the benefits and prevention effects expected by the disclosure or notification order and the disadvantages and side effects of the accused.

The reason for sentencing is that the crime of this case was committed by the defendant following the juvenile victim, and the victim's body was committed by committing an indecent act in the manner of closely reporting the victim's body. It is not good that the crime is committed considering the victim's age.

In addition, since the victim appears to have suffered a considerable mental shock due to the instant case, a written agreement was submitted to the investigative agency through the victim's mother-child relationship, the victim thereafter has been submitted to the court.