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

around 16:00 on October 7, 2013, the Defendant: (a) discovered the victim E (here, 15 years of age) in front of “D” located in Seocho-si, Seocho-si; (b) had a human being near the “F childcare center” located in C, in which the victim was able to commit an indecent act against the victim; and (c) caused his/her desire to commit an indecent act against the victim; and (d) had a human being near the “F childcare center” located in C, with the victim’s own left hand on the back of the victim’s right arm’s length.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A situation report, an occurrence report;

1. The application of Acts and subordinate statutes of each investigation report, internal investigation report, actual investigation report and investigation report;

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;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to disclose is issued;

1. Where a conviction of the instant sexual crime is finalized, the Defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Grounds for sentencing

1. The scope of punishment: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. The application of the sentencing guidelines [decision of types] general standards for sex crimes (subject to the age of 13 or more) and the element of mitigation of the juvenile indecent act by compulsion (special multiple-pacters) (subject to the age of 13 or more), in case where the exercise of tangible power is considerably weak, the court shall be sentenced to imprisonment with prison labor in the area of special mitigation [decision of the recommended area].