A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

At around 04:00 on May 7, 2020, the Defendant used the gaps of the victim D (16 years of age) who was a child or juvenile living together with the Defendant through SNS in Suwon-si B building C, Suwon-si, Suwon-si, and SNS, thereby promptly entering the victim’s sexual organ.

As a result, the defendant committed indecent acts against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol of protocol of interrogation of D to the police officer

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

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 former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (see, e.g., the special circumstances under which disclosure of personal information shall not be disclosed or notified in full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, the process of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion is 13 years of age.