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 2013. 4. 18. 02:00경 부산 동래구 C에 있는 ‘D모텔’ 507호에서 피고인의 친구 3명과 스마트폰 어플리케이션 ‘E’을 통해 알게 되어 만난 피해자 F(여, 17세) 및 그 친구 2명과 함께 술을 마시다가, 피해자에게 조용히 얘기할 것이 있으니 피고인 일행이 따로 빌려둔 203호로 가자고 하여 피해자를 203호로 데리고 간 뒤, 문을 잠그고 피해자를 침대 위에 밀쳐 눕힌 다음 피해자의 몸 위에 올라타 누르면서 피해자의 목과 등을 혀로 핥고, 피해자의 입에 혀를 밀어 넣으면서 피해자의 바지와 팬티를 벗기려고 하였다.

Accordingly, the Defendant committed indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning F's questioning among the second police interrogation protocol against the defendant

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 7 (5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the circumstances favorable to the reasons for sentencing, such as having no record of sex offense, etc., and the circumstances leading up to the instant crime, etc., the Defendant cannot be deemed to pose a serious risk of recommitting sexual crimes in light of the following circumstances, such as the exemption from disclosure and notification order, and the profits and preventive effects expected from disclosure and notification order to the Defendant, and the disadvantages and side effects therefrom.