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 July 2, 2014, at around 22:30, the Defendant reported the victim E (the age of 15) who returned to the scene of an accident from a narrow alleys adjacent to the Dapt in Chungcheongnam-gun, Hongsung-gun, in order to commit an indecent act, and followed the victim, “I am back” and “I am back to the victim’s body, I am back to the victim’s body after having taken the victim’s left hand, and am back to the victim’s body, after having taken the victim’s walk back, I am back to the victim’s body, etc., and the victim took charge of the chest of the female, and continuously “I am am hy and hy hy hy hy hy hy hy hy hy hy hy hy hn.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site reports (Attachment of site photographs related to the case), investigation reports (Correction of the date of crime);

1. Application of statutes on site photographs;

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 (recognition of favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the following circumstances acknowledged in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, namely, that the Defendant has no history of having been punished for sexual assault before the instant crime; that is, the Defendant’s social ties is clear; and the Defendant is seriously against his/her mistake, making it difficult to deem the Defendant to have a risk of recommitting a crime; and that the degree of indecent act in the instant indecent act is relatively heavy and the victim does not want the Defendant’s punishment.