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.

Criminal facts

피고인은 2015. 6. 15. 17:00경 전남 보성군 벌교읍에 있는 부용산체육공원에서 피고인 딸의 친구로서 청소년인 피해자 C(여, 17세)과 벤치에 앉아 딸의 문제로 대화를 하던 중 욕정을 일으켜 피해자에게 "다리 아프지 않느냐."라고 말하면서 마사지를 해준다는 명목으로 피해자를 벤치에 엎드리게 한 후 양손으로 피해자의 엉덩이를 주무르고, 피해자의 허벅지를 깔고 앉은 다음 피해자의 겨드랑이 사이로 양손을 집어 넣어 양쪽 가슴을 마사지 하듯 만졌고, 계속하여 피고인의 성기를 피해자의 엉덩이 부위에 대고 수 회 비볐다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

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 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 consideration shall be made again for the reason of sentencing);

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

1. In full view of the following circumstances: (a) the Defendant has no criminal history prior to the instant exemption from the disclosure order and notification order; (b) the Defendant’s family environment and social ties; (c) the benefits and preventive effects expected from the disclosure order or notification order; and (d) disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The range of recommended sentences according to the sentencing guidelines [the determination of types] general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), and the factors to reduce types 2 (special act by compulsion of juveniles) (special act by compulsion of juveniles): The history.