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.

Criminal facts

Around 16:30 on August 19, 2018, at the C Bathing Sea located in Jeju Island B, the Defendant: (a) committed an indecent act against the victim D (one’s name, one’s age, 14) who play water against D; (b) the victim’s shoulder part of the victim’s shoulder by hand; and (c) the Defendant committed an indecent act against the victim’s sexual organ by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. E statements;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications of C Bathing Beach Safety Personnel);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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, is difficult to readily conclude that a defendant has a risk of recommitting a sexual crime against many unspecified persons because he/she had no record of punishment for a sexual crime in the past; personal information registration of the defendant, an order to attend a course, and an employment restriction order on the defendant appears to have the effect of preventing re-offending; and the defendant'