A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant knew that the victim D (n'e, 16 years of age) who is a juvenile was able to take a face several times with awareness that he/she was able to take a self-taking in the same house in Isan-si, and that he/she was able to take a face.

Around 22:00 on December 5, 2011, the Defendant: (a) intending to drink and drink the victim; (b) intending to drink, and (c) see the victim, and (d) intending to commit an indecent act against the victim of the defect that “I must go to school,” and (c) see the victim behind the victim, the victim was able to do so, and (d) prevented the victim from resisting the victim on the floor by putting the victim on play again; and (e) her chest was sent one time by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A complaint;

1. Application of Acts and subordinate statutes to report on investigation (the hearing of statements by the victim that the suspect has known that he/she was a minor);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Where a conviction is finalized as to the facts constituting the crime of sexual assault crime subject to registration of personal information under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 3(1) of the former Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 9765, Jun. 9, 2009); Article 33(1) of the former Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 2011); and thus, a person subject to registration of personal information under Article 33(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized (Act No. 1290, Dec. 18, 2012).