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

On October 22, 2014, the Defendant: (a) around 07:35, at the Gwangjin-gu Seoul Special Metropolitan City, left the part of the victim C (Wucks, 18 years old) who withdraws cash at the 365 automation store of the National Bank, Young-gu, Seoul, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The defendant and his defense counsel's assertion on CCTV image data, 365 automation point, e.g., the defendant and his defense counsel asserted that the defendant had a state of mental disability because they stated that they had drinking to the extent that they became aware of memory at the time of committing the crime stated in the facts constituting the crime in the judgment. Thus, it is recognized that the defendant had drinking a little amount of alcohol at the time, and on the other hand, in light of various circumstances such as the circumstances acknowledged by each of the above evidence, means, the defendant's behavior before and after the crime, and the degree of defendant's memory as to the process of the crime in this case, it is not deemed that the defendant did not have a state of lacking the ability or decision-making ability under the influence of alcohol at the time of the crime

Application of Statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant has no record of punishment for a sex offense before committing the instant crime, which is exempt from disclosure orders and notification orders, and is against his/her depth.