A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2016. 4. 12. 20:55 경 서울 성북구 D 소재 E 모텔 앞 길에서 바닥에 쭈그리고 앉아 구토를 하고 있는 피해자 F(14 세 )를 우연히 발견하고 다가가 왼손으로 피해자의 등을 두드리면서 “ 친구들은 어디 갔냐

"A indecent act was committed by force against the victim, such as putting the victim on the right chest of the victim, putting the victim on the right chest of the victim, kising the face near the victim, kising the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. F’s statement recorded in the victim’s statement CD (a victim’s statement at an investigative agency about the facts of harm, including the attitude that the Defendant and the victim were seated at the time, the detailed contents of the Defendant’s actions committed by the victim, the response of the victim at the time, the circumstance where the victim became aware of the fact of harm, etc., and expressed the victim’s statement specifically and consistently in the case where the victim is memoryd, and he/she did not directly experience, such as the victim’s act committed by himself/herself by hand, and the victim’s act was

피해자는 2001. 생으로 그 지능이나 의사 표현능력에 문제가 없고, 진술 녹화 CD에 담긴 피해자의 진술 모습, 태도 등이 과장되거나 꾸밈이 없고 자연스러워 신빙성이 높다.

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim by force.

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism);