A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

피고인은 2017. 8. 20. 22:35 경 고양 시 덕양구 C에 있는 D 역 지하 1 층 역사 안에서 의자에 앉아 있는 피해자 E( 여, 17세 )를 발견하고 피해자에게 친근한 척 말을 걸면서 접근하여 갑자기 양손으로 피해자의 손, 팔 및 허벅지를 주무르고, 피해자에게 ‘ 외국식으로 인사하자 ’며 손으로 피해자의 어깨를 감싼 후 피해자를 향해 얼굴을 들이밀어 피해자의 얼굴에 비볐다.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and written statement of the police of E;

1. Application of the Act and subordinate statutes on forced indecent act video materials CDs (D calendar closed circuits);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant 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 stay of execution (The following circumstances considered in favor of the reasons 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 part 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 (the part of the defendant who has no record of sex offense) may have an effect to prevent the defendant from repeating a crime to a certain extent only by registering personal information and taking lectures to treat sexual assault in this case;

Comprehensively taking account of all the circumstances, such as the fact that the defendant's personal information can not be disclosed or notified, there are special circumstances.

The reason for sentencing

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

B. Type 2 (Indecent Acts/Special Indecent Acts/Special Indecent Acts, such as forced indecent acts by relatives and intrusion into residence) is subject to the crime of forced indecent acts (subject to 13 years or more):