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.

Criminal facts

At around 10:30 on May 17, 2013, the Defendant, at the bus stops in front of the C Village in Jeju Island, committed an indecent act by force against the victim, who is a juvenile, by drinking the victim D (n, 18 years of age) who was seated therein, and following the victim, the Defendant committed an indecent act by force against the victim, who is a juvenile.

Summary of Evidence

Defendant’s legal statement

Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Crimes (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 62(1) of the Act on the Suspension of Execution of Punishment of Children and Juveniles under Article 62(1) of the Act on Special Cases Concerning the Punishment of Children and Juveniles against Sexual Crimes (wholly favorable circumstances described below), Article 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 21(2) of the Act on Special Cases Concerning the Punishment of Children and Juveniles against Sexual Crimes (amended by Act No. 138(1)1 of the former Act on Special Cases Concerning the Protection of Personal Information of Children and Juveniles against Sexual Crimes).

Reasons for sentencing

1. Scope of sentenced punishment: One year to 30 years of imprisonment;

2. Scope of recommended sentences on the sentencing criteria: Imprisonment with prison labor for one or two years (determination of a type), sex crimes, general standards, crimes of indecent act by compulsion (subject to 13 or more years of age), and types 2: Provided, That they shall be punished by imprisonment