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.

Punishment of the crime

On July 6, 2014, around 21:00, the Defendant committed an indecent act by force against a child or juvenile victim C (the age of 15) who had talked with his/her friendship in the park 4-dong community service center located in Gangseo-gu Seoul Metropolitan Government 809-3, Gangseo-gu, Seoul, on his/her own hand, committed an indecent act against the victim, who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of C and 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 concerning the relevant criminal facts;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

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

5. Whether a case constitutes “where it is deemed that there exist any special circumstances that may not disclose or notify personal information” as one of the grounds for exception to an order to disclose or notify information under the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime in question, characteristics of the crime, such as the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify, the prevention of sexual crimes subject to registration that may be achieved, the effect of protecting victims of sexual crimes subject to registration, etc. (see Supreme Court Decision 2011Do16863, Feb. 23, 2012). The aforementioned legal principles and records, comprehensively taking into account all the circumstances such as the Defendant’s age, occupation, family environment, social relationship, previous conviction and risk of recidivism (no criminal record), the disclosure or notification order in this case.