A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The defendant is between the victim B (n, 16 years of age) and C, and the latter.

피고인은 2018. 10. 20. 00:40경 이천시 D에 있는 E유원지에서 피해자가 술에 취해 울타리를 붙잡고 구토를 하는 모습을 보고 피해자를 추행할 마음을 먹고, 갑자기 피해자의 뒤로 다가가 피해자의 상의 안으로 손을 넣어 피해자의 가슴을 만지고, 피해자의 바지와 팬티를 내린 다음 피고인도 바지와 팬티를 내리고 피고인의 성기를 피해자의 엉덩이에 비볐다.

The Defendant continued to see the victim's walk on the sperm, and on the victim's chest on the victim's upper part, the victim's chest was "weed" and "weed" on the victim's chest on the victim's upper part, and the victim stated that "weed and weed" was "weed," and even though the victim expressed the rejection's intention, the victim's chest was sent several times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Application of the Acts and subordinate statutes of each G dialogue photograph;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, character and conduct, environment, motive for, means and consequence of the crime, and the circumstances after the crime, etc., in one year and two months of imprisonment, and three years of probation.

The crime of this case is committed against the defendant, who is a child or juvenile.