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 08:00 on June 25, 2014, the Defendant: (a) approached the victim C (the 14th age), who was on the street in front of the Sungbuk-dong, Busan, the Dong-gu, Busan, to walk to the school; (b) laid the victim’s vehicle in which the Defendant was driving; and (c) opened smartphones between the bridge to play a smartphone; and (d) operated the obscenity to play a obscenity image; and (b) opened the victim’s obscenity with the victim’s hand, who could not resist properly by drinking it, and (c) buckbucks down against it.

Accordingly, the Defendant committed indecent act against the child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording recorded by the police against C;

1. Police video CDs against C;

1. Detailed descriptions and descriptions of D, E, F, and G, H, and I;

1. Application of Acts and subordinate statutes to a investigative report (Attachment of obscenity images to a photograph);

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 21 (2), Article 21 (3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, etc.;

1. The reasons for sentencing under Articles 49(1)1 and (3), 50(1)1 and 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] are as follows: (a) a term of imprisonment from 1 year to 15 years [the term of applicable sentences]; (b) a term of sexual crime; (c) a general standard; (d) a crime of indecent act by force (the person aged 13 or older); and (d) a type 2 (a special person’s act of indecent act, such as indecent act by force and intrusion by blood relation; and (d) a term of indecent act (the special person’s act of indecent act by force/special indecent act by force by blood relation]; and (d) a term of indecent act is significantly weak