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

피고인은 2015. 5. 8. 15:00경 서울 광진구 능동로 433 (중곡동)에 있는 중곡문화체육센터 도서관에서, 피해자 C(여, 15세)를 보고 피해자를 강제추행하기로 마음먹고, 위 도서관 3층 옥외 계단에 앉아 피해자를 기다리다가 그곳을 지나가던 피해자의 손목을 붙잡아 피고인의 옆에 앉힌 다음 피해자에게 “얘기 좀 하자, 어느 학교 다니냐, 왜 학교를 안가냐”라고 말하며 왼팔로 피해자의 어깨와 목을 감싸 안고 손으로 피해자의 교복 가슴팍에 있는 학교마크를 확인하는 척 하며 피해자의 가슴을 만졌다.

Accordingly, the Defendant stated that “I would like to be a large number of people,” attached the victim’s hand, knife the 4th floor of the above library, and knife the victim at the event, and rhumbbucks, knife the victim’s knife and knife the victim’s knife and knife the victim’s knife and knife the victim’s hand in front of the victim, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of C;

1. Each written statement of D and E;

1. Each investigation report (specific suspect, CCTV search on May 11, photographs at the scene of the crime, CCTV search on May 8, and list of reports on 112 cases);

1. Application of CCTV-recording data-related Acts and subordinate statutes;

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 (The following consideration shall be made again for the reason of sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;