A defendant shall be punished by imprisonment for six months.

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

On June 2, 2013, at around 21:00, the Defendant drinked the Victim F (n, 16 years of age) who was aware of the Victim F (n, 16 years of age) and the Defendant’s friendship with the Defendant’s family member located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at around 02:00 on June 3, 2013, performed the said E and the Victim’s family member with the Defendant’s house located in H 202 of Bupyeong-gu, Incheon, and 03:10 on the same day, the Defendant drinked the Victim’s Ha on his own for diving, she was fright and her breast at the same place as at around 03:10 on the same day.

Accordingly, the defendant committed an indecent act by force against a juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

1. It is difficult to readily conclude that the Defendant committed the instant crime, which was committed by the Defendant, as a result of any contingency, pursuant to 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. In full view of all the circumstances, the lower court’s punishment and the order to attend school alone appears to have the effect of preventing recidivism of the Defendant and protecting children and juveniles from sexual assault crimes, and the benefits and the preventive effect expected by an order to disclose or notify the Defendant’s registered information, and disadvantages and side effects therefrom.