A defendant shall be punished by imprisonment for two years.

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

On August 16, 2013, around 18:00, the Defendant: (a) reported that the victim E (the 17-year-old) who was hospitalized in the “D” hospital located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, was married, and (b) led the victim to the smoking room in the above hospital.

Since then, the defendant, while smoking in the victim's and smoking room, brought the victim's neck by hand, forced him/her to fit himself/herself, prevented him/her from putting his/her hand into the victim, prevented him/her from putting him/her into the victim's hand, putting him/her into the victim's panty and panty in the order of the victim's breast and panty, and inserted his/her finger into the part of the victim's drinking part.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of the sentencing guidelines] 2 to 30 years [the scope of the sentencing guidelines] / [the crime subject to the sentencing guidelines] / [the determination of a type] sexual crime group, general standards, the crime of indecent act by force (subject to the age of 13 or more), and Type 2 [the scope of the sentencing guidelines]: Imprisonment from August to April (the period of juvenile indecent act is reduced to 2/3) / [the range of the revised sentencing range and the minimum limit of the sentence] 2 to April 3.