A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 19, 2013, at around 08:35, the Defendant discovered the victim E (n, 16 years of age) boarding the elevator at the second floor of the building "Drata" located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, to find out the victim E (n, 16 years of age), boarded the elevator following the victim. On the second floor of the building, the Defendant committed an indecent act by force against the victim by putting the elevator door out of the Drata or the second floor of the building where the elevator door is remaining, with the inner wall to make the victim remaining in the inner wall, and by making the chest up two times by hand.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Application of Acts and subordinate statutes on police statement to E;

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 are applicable to the crime;

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the said Act;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment prior to the crime of this case) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is a university student, and his family member’s intent is high. Most of all, the defendant, while closely reflecting the crime of this case, is likely not to repeat the crime of this case again. Considering these circumstances, rather than the benefits and preventive effect expected by the disclosure order or notification order, there are special circumstances that the defendant should not disclose and notify the personal information of the defendant in this case, and thus, the defendant who registered the personal information of this case becomes guilty of a conviction on the crime of this case.