A defendant shall be punished by imprisonment for one year.

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

On August 6, 2017, at around 10:00 to 10:30 on August 6, 2017, the Defendant’s “F” stated in the indictment appears to be a clerical error.

D 2 층 생활관에서 봉사활동을 하러 온 피해자 E( 가명, 남, 16세) 과 함께 윷놀이를 하던 중, 갑자기 옆에 앉아 있던 피해자의 오른쪽 허벅지와 성기를 1회 만져 아동 ㆍ 청소년인 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of statutes on site 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 (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Reasons for sentencing under the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Application of the sentencing guidelines [types] The crimes of indecent acts by force (subject to at least 13 years of age) in accordance with the general standards for sex offenses / [voluntary indecent acts/special forced indecent acts, such as forced indecent acts by blood or intrusion into residence] / Where the exercise of tangible power is considerably weak [the recommended territory] mitigated area / [the mitigated area / 2 years, juvenile indecent acts by force (including indecent acts by force of deceptive means) shall be included in the two types, but the upper and lower limits of the scope of sentence shall be mitigated to 2/3] / Where a juvenile is committed against a juvenile:

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the Defendant, from around 2013 to 2016, commits an indecent act by force by deceiving the sexual organ, etc. of another student who is under the age similar to the instant crime, and thereby, is subject to a conditional suspension of indictment and a one-time protective disposition (the guardian, protective custody, and custody).