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

The defendant and the victim C (11, 200) are not known to each other.

피고인은 2017. 8. 12. 21:35 경 부천시 D에 있는 버스 정류장 앞 도로에서 술에 취하여 버스를 타러 가 던 중 때마침 반대편에서 피해 자가 친구들과 함께 길을 걸어오는 것을 발견하고 피해자에게 다가가 갑자기 손으로 피해자의 젖꼭지를 꼬집었다.

Accordingly, the defendant committed indecent acts against the victim who is a child or juvenile by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes on written opinions of statement and analysis experts for children with disabilities;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

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. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of punishment for the same crime before committing the crime in this case) of a child exempted from an order of disclosure and notification, and thus, there is a risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude that the registration of personal information on the accused and the lecture attendance order alone can have an effect on the prevention of recidivism to a certain extent.

In addition, in full view of the overall circumstances such as the disadvantage and anticipated side effects that the defendant would suffer due to the disclosure order and notification order, the age, occupation, home environment, and social relationship of the defendant, and the motive, means, and results of the crime in this case, there are special circumstances that the defendant's personal information may not be disclosed or notified.

The reason for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. reference.