A defendant shall be punished by imprisonment for one year.

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 2019. 6. 23. 16:05경 구미시 B에 있는 ‘ 편의점'에서 그곳 카운터에 있던 피해자 C(가명, 여, 만 17세)에게 다가가 “올해 몇 살이냐 이리 와봐”라고 말하면서 피해자의 팔을 잡아 쓰다듬고, 피해자의 손을 잡아당겨 자신의 팔을 만지게 하고, 계속하여 피해자에게 “예쁘게 생겨서 뭘 묻히고 다니냐 ”고 말하며 양손으로 피해자의 볼을 만지고, 손으로 피해자의 어깨를 감싸 안아 자신의 얼굴을 피해자의 얼굴에 갖다 대었다.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each protocol of examination of witness C and D of this Court;

1. E statements;

1. A report on internal investigation (to analyze CCTV images at the site and attach related data);

1. Application of statutes on fieldCCTV photographs, CCTV image CDs (No. 12 No. Serials of Evidence);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the same Act concerning the punishment of the crime;

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

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

5. It is difficult to readily conclude that the Defendant had no record of having been punished for a sex offense prior to the instant crime, and solely based on the facts constituting the crime in its holding, there is a sex offense tendency against many unspecified persons.

It seems that the risk of recidivism of the defendant is to be reduced by only the sentence of probation, probation, registration of personal information, and order to attend the lecture for sexual assault treatment.

(2).