A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is a student who had a school room for students in Busan Seo-gu D Apartment 104 203 dong 203, and the victim E (V, 15) is a student who had a school room for the defendant's study room.

1. 피고인은 2016. 7. 2. 20:00 경 위 공부방에서, 국어공부를 하고 있는 피해자의 손등에 뽀뽀를 하고 손으로 피해자의 입술과 뺨, 귓불을 만지는 등 피해자를 추행하고,

2. The defendant:

3. 18:00 경 위 공부방에서, 피해자와 함께 책상에 앉아 영화를 보는 중 피해자의 손과 뺨, 입술에 뽀뽀를 하고, 피해자를 안고 피해자의 목과 귀를 혀로 핥는 등 피해자를 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The statement made by the victim E in each CD-ROM;

1. Application of the respective Acts and subordinate statutes of G, H and F

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse, and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Juveniles from Sexual Abuse as stated in paragraph (2) of the same Article with heavier punishment];

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

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion stated at the first trial date that “the defendant and the defense counsel denies the facts charged, such as the defense counsel’s written opinion on February 16, 2017,” and the above written opinion did not contain any separate assertion on the part concerning assault and intimidation regarding the crime of this case, but there was no further submission from the defense counsel’s written opinion on March 22, 2017, stating that “the defendant had committed assault and intimidation at the time of the instant case, even if based on the victim’s statement.”