아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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
around 21:00 on October 11, 2015, the Defendant, “2015 Gohap 698,” was committing an indecent act against the victim by force, such as committing an indecent act on the part of the victim F (n, 13 years old), who is a juvenile visiting the contact, while watching the “E” contact at D located in Busan F (S).
around 22:35 on August 13, 2015, the Defendant committed an indecent act against the victim by committing an indecent act by committing an indecent act against the victim I (the age of 15) at the seat of the victim I (the age of 15), who is performing his/her own sexual organ, by taking advantage of the gaps in the “H” located in Busan Metropolitan Transportation Daegu G, Busan Metropolitan City, and by taking advantage of the gaps in which the public is concentrated on the passage.
Summary of Evidence
1. Statement by the defendant in the first and second public trial records;
1. stenographic records of the statement made to F, or protocol of the police statement made to I;
1. Application of investigation report (in the situation at the time of arrest), connection confirmation, field map, and Acts and subordinate statutes concerning the criminal place;
1. Relevant legal provisions concerning criminal facts and the crime committed by compulsion of the option of a punishment: Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act (Selection of Imprisonment) of the same Act in a place where a foreign public is concentrated: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Selection of Imprisonment);
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [to the extent that the punishment for a long term of two crimes is aggregated] of the said Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Article 62-2 of the Criminal Act and the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the age, occupation, family environment, social ties, criminal records, and the risk of recidivism of the accused, which are recognized as recorded, are about 15 years in relatively minor cases.