A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 31, 2013, at around 22:20, the Defendant returned home under the influence of alcohol on the alleyway adjacent to D Park in Eunpyeong-gu Seoul Metropolitan Government D Park, found the victim E (here, 14 years old), followed the victim, followed by the victim, followed by his/her arms, and added his/her hand into his/her arms in order to cut off his/her arms, and her hand knife his/her knife with his/her subpathma.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to the police officer E and F’s statement;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. The main sentence of Article 62-2 (1) and (2) of the Criminal Act for probation;

4. The main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The Defendant, prior to committing the instant crime, attempted to commit an indecent act against the women, even before committing the instant crime, 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.

Considering the fact that there was an investigation and trial, but there was no criminal prosecution or punishment by seeking a letter and agreement with the victims at the time, the risk of recidivism of sexual crimes in the course of probation and sexual assault treatment lectures, etc. according to the instant crime is considered to have been reduced to a considerable extent, and there is no need to impose a separate security measure such as disclosure and notification order on the defendant. Meanwhile, the defendant living together with his/her spouse and two children and supported them, compared to the public interest such as the prevention of sexual crimes to be obtained when ordering disclosure and notification.