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

Defendant

겸 피보호 관찰명령 청구자( 이하 ‘ 피고인’ 이라 한다) 는 2016. 12. 27. 15:12 경 대구 수성구 C 108동 1 층 엘리베이터 앞에서, 집에 가기 위해 엘리베이터 안에 서 있던 피해자 D( 여, 17세 )에게 다가가 문이 닫히지 않도록 왼쪽 발과 손으로 문을 막고 " 오늘 왜 이렇게 일찍 오노 "라고 말을 하며 갑자기 오른손으로 피해자의 오른손을 잡아 쓰다듬고 머리카락을 수회 쓰다듬고 피해자의 패딩 점퍼 사이로 손을 집어넣어 허리를 잡아당겨 끌어안고 피해자의 볼에 얼굴을 비볐다.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records on D;

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 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which include the observation of protection and order to provide community service and attend lectures;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime, and the defendant can have the effect of preventing recidivism even in his/her registration of personal information against the defendant and taking lectures in treatment of sexual assault;

In light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., personal information of the defendant is relatively less likely to be achieved compared to the disadvantage and anticipated side effects that the defendant may suffer due to the disclosure disclosure notification order.