A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

피고인은 2019. 4. 6. 22:35경 거제시 B아파트 C동 피고인의 주거지 옥상에 담배를 피러 올라갔다가 그곳에서 바람을 쐬고 있던 피해자 D(여, 14세, 가명)를 보고 다가가 갑자기 양손으로 피해자를 껴안고 입술을 맞추고 바지 위로 피해자의 음부 부위를 손으로 움켜쥐듯이 만졌다.

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

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement made by the police in relation to D;

1. A complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. 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 Children and Juveniles against Sexual Abuse (the age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure and notification order of the accused, the degree of disadvantage and anticipated side effects of the accused's entry, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting victims, etc., should be comprehensively taken into account;

1. The effect of the Defendant’s age, family environment, and social ties of the Defendant under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (hereinafter “Act”), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the method and consequence of committing a crime, risk of recidivism, risk of restriction on employment, disadvantage inflicted on the Defendant and the sex offense that may be achieved therefrom.