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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 11. 28. 07:00 경 인천 서구 C에 있는 D 역 4번 출구 앞에서 피해자 E( 여 ,16 세 )에게 다가가 기습적으로 피해자의 왼쪽 뺨에 입을 맞추고 손으로 자신의 성기를 만지면서 " 물이 찼으니 여기에 뽀뽀해 줘 “라고 말하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on internal investigation reports and investigation reports (victim E-Telecommunications);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. There are special circumstances in which disclosure of the personal information of the defendant may not be disclosed, in consideration of the defendant's age, environment, social ties, the risk of repeating a crime, the profits expected to be an order of disclosure disclosure, the consequences and side effects of such an order, etc., and thus taking into account the defendant's age, environment, social ties, the risk of repeating a crime, the profits expected to be an order of disclosure disclosure, the disadvantages and side effects of the order.

[Judgment] Grounds for sentencing

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] is the general standard for sex offenses (subject to 13 years or more) included in the type 2 in the category 2 (voluntary indecent act, such as forced indecent act by blood and intrusion into residence, / special compulsory indecent act by blood) and mitigation of the upper and lower limits of the sentence range to 2/3 [special sentencing factors] in a case where the exercise of tangible power is considerably weak, the degree of conduct is weak [the scope of the recommended sentence and the decision of the recommended sentence] special mitigation area, 6 months to 2 years [the final sentence range] imprisonment.