A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The Defendant is a person who operates a H restaurant located in Daegu-gu G, which is a victim F (Y, 14 years old at that time) and had with the attachment from Lininn city.

피고인은 2016. 7. 7. 15:00 경 위 식당 계산대 앞에서 오랜만에 위 식당에 찾아와 안부 인사를 하고 집으로 돌아가려고 하는 피해자를 향하여 손바닥을 내밀면서 손을 달라는 시늉을 하여 피해 자가 피고인의 손 위에 오른손을 얹자 손등에 입을 맞추고 피해자의 손을 잡은 채로 피해 자를 계산대 안쪽으로 들어오게 한 뒤 피해자를 껴안았다.

계속하여 피고인은 몸을 틀며 팔로 자신을 밀어내는 피해자를 더 세게 끌어안고 혀를 내밀어 피해자의 입술을 핥고 이어서 피해자의 가슴을 만지면서 피해자의 손을 잡아 자신의 성기를 강제로 만지게 하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Video recorded CDs and stenographic records of the victim;

1. The forests that the victim has recorded at the time of recording a statement;

1. Application of each statute on photographs;

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. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

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

1. It is anticipated that the effect of preventing recidivism can be expected to a certain extent through the registration of personal information and the taking of lectures to treat sexual assault, as well as the fact that there is no history of sex offense against the accused, which is exempted from disclosure and notification orders 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

The age, social relationship, profits expected by an order to disclose or notify the defendant, and effects of prevention, as well as disadvantages and side effects caused by such order.