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

1. 아동ㆍ청소년의성보호에관한법률위반(강제추행) 피고인은 2013. 7. 8. 23:00경 부산 연제구 C에 있는 D 앞 노상에서 학원을 마치고 혼자 귀가하던 피해자 E(남, 15세)를 보고 피해자에게 접근하여 “니 내가 좋나.”라고 말하며 갑자기 피해자의 오른손을 잡고 피고인의 성기에 대고 수 회 비벼댔다.

이에 피해자가 “이러지 마라.”라고 말하며 손을 뿌리치고 횡단보도를 건너 도망가자 피해자를 뒤쫓아가 재차 피해자의 오른손을 잡고 갑자기 피고인의 성기에 대고 수 회 비볐다.

When the victim reported this in 112, the defendant was unable to escape, and the sexual organ of the victim was knife by hand.

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

2. In the same date, time, place, etc. as indicated in paragraph 1, the injured Defendant, on the ground that the victim reported and later followed, etc., as indicated in paragraph 1, refers to “the calculation of tax base, weather,” and the victim’s left shoulder part was asked once, thereby causing the victim to feel a hole where the number of days of treatment cannot be determined.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the body photograph of the victim;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime (the occupation of injury and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the crimes prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy 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. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.