A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant is a person who operates a public book room, and is a person who has been outside of the course of study of the victim D (n, 13 years of age) from January 2014 to December 1, 2014.

1. On November 26, 2014, between 20:00 and 22:00, the Defendant committed an indecent act by force against the victim’s will during the process of collecting the victim’s house located in the building A, Dong-dong 808, Seongdong-gu, Sungnam-si, Sungnam-si.

2. On December 1, 2014, at around 22:00, the Defendant committed an indecent act by force against the victim’s will while the victim left the bridge by asking the victim to take the bridge and taking the defective bridge against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Expert opinion;

1. Application of Acts and subordinate statutes concerning investigation reports (related to sports meets for victims' schools);

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. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravated increase of concurrent crimes resulting from the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as of December 1, 2014, heavier penalty)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 49 (1) (main sentence) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

A. A juvenile of the second category (a person aged 13 or older) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be limited to the range of the recommended punishment (a decision of the type), general standards for the crime of indecent act by force (a person aged 13 or older).