A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

1. 아동ㆍ청소년의성보호에관한법률위반(강제추행) 피고인은 2014. 4. 19. 13:00경부터 17:00경 사이 서울 강서구 C아파트에서 경기 파주시 D으로 이동하는 NF소나타 승용차 안에서, 피고인 친구의 조카인 피해자 E(여, 13세)의 옆에 앉아서 팔짱을 끼고 손가락으로 피해자의 오른쪽 가슴을 눌렀다.

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

2. On April 20, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (compact, etc.), around 03:00 on April 20, 201, she was released from D’s accommodation, she was released from the victim’s chest and panty by putting her hand in the inner clothes, she was forced by her kiding the victim’s chest, and her kid from the victim’s her part and her panty when she forced her body, and she did not go off the victim’s clothes to her body in order to put the victim’s clothes again while she was her body, she attempted about 3:4 times to put the Defendant’s sexual organ into the part of the victim’s her part, but did not go into the wind.

Accordingly, the defendant, by force, tried to have sexual intercourse with a juvenile victim, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police statement of E;

1. Application of the Acts and subordinate statutes concerning the closure of message;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 7 (6), (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the attempted sexual intercourse by force and the choice of a limited term) concerning criminal facts;

1. Voluntary mitigation of crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act (as to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse)

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has heavier punishment (the maximum penalty shall be the concurrent crimes resulting in indecent acts): Provided, That the lower limit