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

The defendant is a space between the victim B (n, 15 years of age) and the transpumping.

피고인은 2020. 2. 26. 16:00경 천안시 동남구 풍세로 노상에 피고인의 C 셀토스 승용차를 주차한 후, 조수석에 앉아 있는 피해자에게 욕정을 품고 손으로 귀를 만지고, 입으로 귓속에 바람을 불어 넣으면서 피해자의 상의 속으로 손을 넣자 피해자가 “하지마. 뭐 하는 거야.” 라고 소리를 지르면서 피고인을 양손으로 밀쳐내었음에도 계속해서 상의 속으로 손을 넣고 피해자의 가슴을 만졌다.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement concerning B;

1. A report on occurrence of an offense, etc. (No. 12 of the evidence list);

1. 112 Reporting case handling table; and

1. A detailed hosting statement;

1. Application of statutes on site photographs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for 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) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The fact that there is no history of sex offense by the Defendant under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the fact that the Defendant’s order to attend a lecture and registration of personal information against the Defendant appears to have the effect of preventing recidivism, other than the Defendant’s age, occupation, environment, social relationship, details and consequence of the crime, conditions before and after the crime, and disclosure order.