A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the same-sex child.

On June 16, 2016, at around 01:40, the Defendant, following the victim F (25 years of age), was able to see the victim’s F (25 years of age) and was able to see the victim’s sexual organ in the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and was able to see the victim’s sexual organ as well as the victim’s sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F;

1. F’s statement protocol (each statement made by the victim’s court and investigative agency in the victim’s court or investigation agency is consistent and specific as a alternative to the Defendant’s act, content of damage, perception and response, and circumstances before and after the commission of the crime, and any other circumstance does not appear to contain any falsity, and its credibility is recognized in light of the victim’s statement attitude in this court.

Therefore, according to each evidence of the judgment, the defendant's act may be acknowledged as having been committed by the defendant, and the above act by the defendant has caused sexual humiliation or aversion in light of social norms, and infringed the victim's sexual freedom as an act contrary to good sexual morality.

Therefore, it is reasonable to view that the act constitutes an indecent act prescribed in the crime of indecent act by force, and furthermore, in light of the behavior of indecent act by a child and the circumstances at the time, the relationship between the defendant and the victim, the intent of indecent act by the defendant may also be recognized.

In addition, the victim implicitly accepted it.

In addition, it cannot be seen that the defendant had given consent from the victim at the time.

It does not seem that such an act was committed by mistake.

Therefore, it is recognized that the defendant was forced to commit an indecent act against the victim.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.