A defendant shall be punished by imprisonment for one year.

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 October 11, 2014, around 06:45, the Defendant discovered the victim C (V, 17 years of age) who was satisfed with the uniform of Eunpyeong-gu Seoul Metropolitan Government No. 723-1, a non-economic region of 7 years old, and discovered the victim C (V, 17 years of age) who was satuted with the uniform, and followed the victim by putting the hand in the inner part of the satfs of the victim and met the sexual part of the victim

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a report on investigation (specific circumstances of a suspect and accompanying photographs of a suspect on the date of arrest);

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. 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 (The following extenuating circumstances among 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. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and 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 stipulates that “any special circumstance that may not disclose or notify personal information exists” as one of the grounds for exception to an order to disclose or notify information.

The issue of whether the defendant's age, occupation, risk of recidivism, etc., characteristics of the crime, such as the type, motive, process, result, seriousness of the crime, etc., the degree and anticipated side effects of the disadvantage suffered by the defendant due to the disclosure notification order, the effects of the sex crime that can be achieved, and the protection effects from the sexual crime, etc. should be determined by comprehensively taking into account the following factors.

(See Supreme Court Decision 201Do14676 Decided January 27, 2012). The Defendant is a sexual crime before committing the instant crime.