A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

At around 12:20 on March 23, 2013, the Defendant: (a) at the Defendant’s house room located in Nam-gu, Busan, B apartment 101 Dong 104, and (b) at the Defendant’s house located in the other hand room, the victim C (V, who is taking lessons from the Defendant’s school, was able to bring his hand in the cresh of the Defendant’s house, which is anticipated to be locked by the Defendant, and became a part of the victim’s conspiracy.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the statement recording CDs, investigation report (as to the category of the accused), the photograph of the accused, and the Defendant’s driving school photograph

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

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. The issue of whether an order to disclose or notify information constitutes “any other special circumstances deemed prohibited from disclosing personal information” provided for in the proviso to Articles 38(1) and 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse] shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process of the relevant crime, consequence, seriousness of the crime, etc., degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the order to disclose or notify, preventive effects and side effects of the sex offense against children and juveniles, and effects of protecting children and juveniles from the sex offense, etc. (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012).