Text
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.
Reasons
Punishment of the crime
On August 15, 2018, at around 03:35, the Defendant, at the 5th floor soup room of the C5th floor located in Seo-gu Busan, Seo-gu, Busan, attempted to see that the Defendant was a person who was diving and to commit an indecent act.
The Defendant committed an indecent act by putting the victim's marith, bucks, and tacks in the same time and place, covering the victim's side, and covering about two hours throughout the victim's bucks, bucks, and tacks.
Accordingly, the defendant committed indecent acts by taking advantage of the state of juvenile victim's refusal to resist.
Summary of Evidence
1. Each legal statement of witness E and F;
1. The defendant and his defense counsel's defense counsel's defense of the defendant's defense of investigation report and the field scopfafafafafafafafafafafafafafafafafafafafafafafafafafafafafafafafa, the investigation report (the defendant's age, the suspect's statement) attached thereto, and the investigation report (the victim's age, the suspect's statement) may have contacted the body of the
However, it can be sufficiently recognized that the Defendant had a criminal intent to commit an indecent act in light of the following factors: the type of the act, the duration of the act, and the Defendant’s act before and after the crime.
Application of Statutes
1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Articles 299 and 298 of the Criminal Act concerning criminal facts and the selection of 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 (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. All of the accused including any sexual crime against the accused who is exempted from issuing an order to disclose or notify personal information, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against