A defendant shall be punished by imprisonment for not less than one year and six months.

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 23:00 on December 6, 2019, the Defendant: (a) told the victim C (one of the 13 years of age) who was under the influence of alcohol (one’s name, half, and third years of age) as “a person”; (b) led the victim’s arms by hand; (c) pushed the victim into two arms; (d) kid the victim; (c) kid the victim; (c) kid the victim by moving back the victim; (d) kid the victim; (e) kid the victim by moving back the victim; (e) kid the victim; and (e) kid the victim by taking the victim’s face into the part of the victim; and (e) kid the victim’s neck by force.

Summary of Evidence

1. Application of each police protocol on the defendant's legal statement C to the police investigation report (CCTV image);

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. Article 62-2 (1) of the Criminal Act; Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); (i) the Defendant’s age, occupation, risk of repeating a crime; the type and motive of the crime in this case; the process of the crime in this case; the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure notification order; (ii) the prevention of the sex

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), and the Act on the Protection of Children and Juveniles against Sexual Abuse.