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

around 07:00 on October 20, 2018, the Defendant joined “C” located in Mapo-gu Seoul Metropolitan Government with the victim D (one-year old, 18) and drinked as such, and the victim became aware of the fact that he/she was a de facto minor and became aware of the fact that he/she became a de facto minor in the restaurant, and went the victim to the telecom.

At around 10:30 on the same day, the Defendant: (a) placed the victim on the bed at the bed room in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) laid off the victim’s cellular phone at the bed; and (c) panty, cut off the victim’s panty and panty that the victim refuses to enjoy on the next side; and (d) laid down her finger by inserting his hand in his clothes, and committed an indecent act by force.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The statement of the victim;

1. Written statements prepared in D;

1. Details of each message, details of card settlement, and application of Acts and subordinate statutes on the victim's photograph;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

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 (The following consideration shall be made again for the reason of sentencing);

1. The main text of Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse is not regarding the elements of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, although the defendant’s assertion of the defendant and his/her defense counsel is not regarding the elements of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, the period at which the defendant’s cell phone from

2. As to the transfer of indecent act at the police center, the victim is cited by the defendant, “A special case where the defendant has received a cell phone prior to his/her arrival,” and “A special case where he/she has received a cell phone.”