A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On May 5, 2016, around 11:30, the Defendant committed an indecent act by force by deceiving the sound side of the Victim E (M, 15 years of age) who was a juvenile who had been living there, without any reason, in D located in the Jeonnam-do, Jeonnam-do C.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’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 concerning the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) 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. The defense counsel asserts that the defendant's defense counsel's assertion about the defense counsel's assertion of disclosure order and notification order under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the defendant's age, motive, criminal motive, criminal records, social relation, etc., the benefits and preventive effects expected from disclosure order and notification order, and disadvantages and side effects therefrom, etc., should not be disclosed or notified of the defendant's personal information) were in an insane or weak state due to the influence of mental illness at the time of the crime

According to the records, it is recognized that the defendant was receiving medical treatment due to the adaptation disorder, non-quality non-defluence, severe symptoms, etc. at the time of the crime of this case.

However, a doctor who treated the defendant had been hospitalized three times by showing symptoms, such as apprehension, infeass, impossibility of daily activities, explosion of impulses, etc., but diagnosed that mental and physical stability after hospitalization has improved the symptoms, and that the defendant was in the way to lead a daily life without problems, such as selling boom recovered at the time of committing the crime of this case, and returned to home after committing the crime of this case. The defendant was in the victim's toilet after committing the crime of this case.