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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.
Reasons
Punishment of the crime
On October 2, 2019, around 18:04, the Defendant committed a indecent act on the part of the victim, who was a child or juvenile, in front of the C convenience store in Yangju-si B, according to the victim D (the name, the age of 16) who was a child or juvenile, by hand.
Summary of Evidence
1. Application of Acts and subordinate statutes on CCTV images CDs to police statements made in relation to the defendant's legal statement D;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16275, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;
1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and (b) the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); (c) the Defendant’s imprisonment with labor and registration of personal information; (d) taking course in sexual assault therapy; and (e) employment restriction order alone, appears to have the effect of preventing recidivism of the Defendant; and (e) the Defendant’s age, occupation and environment; (e) details and background of the instant crime; (e) the method and consequence of the instant crime; and (e) other benefits expected by the disclosure order and notification order;