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

The defendant is a friendship who has been aware of the victim C (V, 18 years of age) and the enemy from the enemy.

피고인은 2017. 11. 25. 04:00 경 부산 북구 D에 있는 자신의 주거지인 E 아파트 209동 101호에서, 거실 내 침대에서 잠들어 있던 피해자를 보고 추행하기로 마음먹고, 피해자 옆에 누워 상의 안으로 손을 넣어 가슴을 만지고 상의 안으로 머리를 넣어 유두를 핥고 바지 안으로 손을 넣어 음부를 만지고 입안으로 혀를 집어넣어 키스하였다.

As a result, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental or physical loss or impossibility of resistance, but did not bring the victim out and did not commit it.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant and his defense counsel asserted that there is no “the fact that he saw the victim as a part of the facts charged by inserting his hand into the victim’s boom.”

However, a victim who had not been locked at the time of committing a crime has made a clear memory of the content of the damage including that part at the investigative agency, and the statement about the background of the damage and the situation before and after the crime is very specific, and there is no attitude to exaggeration the damage.

the application of the statute. The application of the statute shall be

1. Articles 7(6), 7(4), and 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning criminal facts;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Article 62(1) of the Criminal Act, Article 60(3), and Article 60(1) of the Juvenile Act (the following favorable circumstances among the reasons for sentencing) of the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. An order to disclose, notify, and restrict employment of children exempted from such order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the instant crime is an unspecified victim).