A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

While the defendant was working as a volunteer for the protection of students of the D High School in Yong-Namnam Cancer Group C, he was aware of E (one-six years of age) who is a student of the above school.

피고인은 2015. 10. 1. 07:10경 전남 영암군 F에 있는 피해자의 집 앞에서 피해자에게 등교시켜 주겠다고 하면서 피해자를 자신의 G 그랜저 승용차 조수석에 태운 다음 갑자기 피해자를 끌어안아 자신의 몸 쪽으로 당기고, 이에 놀란 피해자가 고개를 숙이자 손으로 피해자의 턱을 잡아 들어 올린 후, 피해자가 피고인의 얼굴과 어깨를 밀어내며 반항하였음에도 불구하고 피해자의 입술 및 입 주변을 혀로 핥아 아동ㆍ청소년인 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. The police statement of H;

1. As to the investigation report (as to the date and time specified for the crime);

1. Application of the Acts and subordinate statutes governing communication confirmation data;

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 relevant criminal facts;

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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, occupation, family environment, social relationship, previous conviction (no record of punishment for sexual assault) and risk of recidivism, and other various circumstances, such as the benefit and preventive effect expected by the disclosure order or notification order of this case, and disadvantage and side effects resulting therefrom, the Defendant’s personal information should not be disclosed or notified.) under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.