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

피고인은 2013. 7. 20. 08:15경 부산 남구 E에 있는 F에 있는 G 정문 앞 공터에 주차된 H 토스카 승용차 안에서, 친구로부터 소개받은 피해자 I(여, 15세)에게 강제로 키스를 하고 이에 피해자가 “하지 말라”고 하면서 저항하자 험악한 표정을 지으며 피해자에게 “가만히 있어라”고 말하고 때리는 시늉을 하여 겁을 먹은 피해자의 허벅지와 엉덩이를 손으로 만지고 상의 옷을 위로 걷어 올린 후 피해자의 가슴을 만졌다.

Accordingly, the Defendant committed indecent acts against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Reporting on occurrence (Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse), reporting on investigation, reporting on investigation (video recording of the victim I 15 years of age), and the application of Acts and subordinate statutes on recording of statements;

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the option of criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse

The Defendant appears to have committed the instant crime by contingency, and there is no record of punishment as a sexual crime prior to the instant crime, and the Defendant does not seem to pose a significant risk of recommitting the instant crime after the criminal punishment.