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

피고인은 2018. 7. 18. 22:15경 전북 고창군 B에 있는, C 편의점 앞 노상에서 그 곳 편의점 앞을 지나가는 피해자 D(여, 18세, 가명)에게 “학생, 학생”이라고 말하면서 손으로 피해자의 손목을 끌어당기고, 피고인의 얼굴을 피해자의 얼굴에 가까이 들이대며 귓속말로 “택시비를 줄테니까 노래방에서 한 시간만 놀아줘”라고 말하면서 손으로 피해자의 손등과 손가락을 잡고 주물러 만졌다.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. On-site CCTV images;

1. Application of Acts and subordinate statutes to report internal history (to attach photographs ofCCTV image materials);

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;

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;

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

1. The Defendant’s assertion on the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) is denied to the effect that the Defendant is unable to associate with the instant crime under the influence of alcohol.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court (i.e., the victim immediately reported the instant crime, and (ii) the victim appeared at the investigative agency after two days after the instant crime, and specifically stated the Defendant’s act, damage, and the situation before and after the instant crime.