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 October 27, 2016, at around 23:22, the Defendant: (a) discovered the victim E (the age of 17) who was a juvenile with the school uniform emitted from the said Mat while entering the “D E” located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) committed an indecent act by force against the victim by using the victim’s sound and left bucks with his left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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. In full view of the Defendant’s age, environment, social relationship, previous convictions, and the risk of recidivism, profits and preventive effects expected by an order of disclosure notification, disadvantages and side effects therefrom, etc., there are special circumstances in which the disclosure of the Defendant’s personal information may not be disclosed, in light of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) Article 50(1) proviso [the Defendant’s age, environment

[Determination]

Reasons for sentencing

1. Scope of applicable sentences under law: Two years to thirty years; or

2. Application of the sentencing guidelines [types] where the exercise of tangible force is significantly weak (the scope of recommended punishment), mitigation area of imprisonment with labor for one year or two years (including two types, in cases of forced indecent conduct by juveniles, including forced indecent conduct by blood or by family intrusion), and the upper limit and lower limit of the sentence shall be reduced to 2/3).

3. Determination of sentence: Imprisonment with prison labor for two years, and the Defendant for three years of suspended sentence was able to write and rhump the victim’s sound and bucks at late night, and committed an indecent act on the part of the victim.