A defendant shall be punished by imprisonment for not less than two years and six months.

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

On May 2014, the Defendant: (a) divided the conversation with the victim D (Woo, 16 years of age) from the stairs at the entrance of the 108-dong B apartment of Busan Northern-gu, Busan 2014; (b) pressures the victim’s resistance to the Defendant’s hand who refuses to do the act of similarity with the victim; and (c) putting his hand into the victim’s panty, and inserted the Defendant’s hand into the victim’s panty and inserted the Defendant’s hand into the victim’s negative part.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the prosecution and police statement protocol concerning D;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of the similarity of children and juveniles) on criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. There is a risk of recidivism or recidivism of sexual assault against the defendant, in light of the fact that the defendant has no record of punishment for sexual assault, and the circumstances leading up to the instant crime and the nature of the crime, in light of 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, exempted from an order of disclosure and notification;

It is difficult to conclude that the registration of personal information on the defendant and the completion of sexual assault treatment programs can have the effect of preventing recidivism to some extent.

In full view of other circumstances such as the defendant's age, occupation, social relation, criminal record, risk of recidivism, the nature of the crime of this case, the effect expected by the disclosure or notification order, the degree of disadvantage to the defendant's entry, etc., there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

[Determination]

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an employment restriction order (this shall apply in this case);