A defendant shall be punished by imprisonment for one year.

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

피고인은 2015. 10. 23. 16:30 경 광주 북구 C 아파트 내 사회복지 관 옆 공터에서 공연 리허설을 끝내고 화단 옆에 앉아 있던 피해자 D( 가명, 여, 14세 )에게 다가가 팔짱을 끼고 어깨동무를 하면서 손으로 엉덩이를 수회 토닥거리고 왼뺨에 뽀뽀를 하는 등 아동 ㆍ 청소년인 피해 자를 위력으로 추행하였다.

Summary of Evidence

1. Legal statement of witness E;

1. Application of statutes governing stenographic records;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no history of any sexual crime, and the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effects and effects of a sexual crime subject to registration that can be achieved due to such order, and the protection of victims from such sexual crime, there are special circumstances in which the defendant shall not disclose or notify personal information to the public;

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The application of the sentencing guidelines [type determination] The general criteria for sexual crime committed by force (subject to 13 years or more) are two types of indecent acts (voluntary indecent acts, such as forced indecent acts/special forced indecent acts, etc. by blood relations) [the person subject to special sentencing] described criteria where the degree of criminal conduct is weak (including voluntary indecent acts by deceptive means or force): The mitigated area of the juvenile compulsory indecent acts (including the scope of recommended punishment); imprisonment with labor for one year or two years.