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

At around 15:00 on December 5, 2012, the Defendant, while drinking alcohol together with the Defendant’s friendship D, the victim E (the victim E, the 16-year age), the victim’s friendship F, D, etc., in Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, and the Defendant was able to commit an indecent act against the victim.

The Defendant committed an indecent act against the victim by taking advantage of the mental disorder of the victim, by taking the victim’s body, putting him/her on a bend, and lying him/her on the floor, cutting him/her on the part of the victim, exposing his/her chest on the part of the victim, cutting him/her on the part of the victim, continuing him/her on the part of the victim, and cutting him/her on the part of the victim, and making use of the victim’s body and mind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement to E (No. 14 and 21 No. 14 of the evidence list);

1. Recordings of each statement of E (No. 40, 42 No. 50);

1. Application of Acts and subordinate statutes to each investigation report (No. 7 and 8 of the evidence list);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant appears to have committed the instant crime without any livering impulses under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); and it is difficult to readily conclude that there is a risk of sexual assault and recidivism due to the lack of force to be punished for sexual crimes other than the instant case.