A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 3. 14. 22:50 경 창원시 성산구 D에 있는 E 식당 내에서, 피해자 F( 가명, 여, 16세) 가 복 주머니를 손님들에게 판매하고 있는 것을 보고 강제 추행을 하기로 마음먹고 피해자에게 다가가 피해자의 어깨를 감 싸 안고 다른 한 손으로 옷 위로 가슴을 만지며 “ 젖꼭지가 많이 컸다.

After the phrase “the victim committed an indecent act by force against the victim,” the victim was saved next to the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness F, G and H (part);

1. Statement made by the police with regard to F;

1. G statements;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for a sex offense before committing the instant crime, and the Defendant is expected to have an effect of preventing recidivism to a certain extent only by taking lectures in registering personal information and taking lectures in treating sexual assault.

In addition, in full view of the above defendant's age, family environment, social ties, benefits and preventive effects expected by an order of disclosure notification, and disadvantages and side effects caused thereby, there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

3) Determination as to the defendant's defense counsel

1. The summary of the assertion is only a minor physical contact with the victim at the time, and there is no indecent act by force against the victim.

2. The following facts and circumstances acknowledged by the evidence duly adopted and examined by this Court are ①.