아동ㆍ청소년의성보호에관한법률위반(준강제추행)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who engages in his own business.
On June 22, 2016, the Defendant boarded at the bus stop located in Gui-ri city around 10:15, the Defendant: (a) taken four times in the city bus bus (E); (b) had the victim F (name, boarding, age 17) seated in depth; (c) had a mind to commit an indecent act against the victim; (d) had a body towards the victim; and (e) contacted the victim’s chest, ship, and fluor on several occasions with arms.
Accordingly, the defendant committed an indecent act against the victim who is a juvenile in a state of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Answers to non- card replies and replies to a search and inspection warrant for each search;
1. Application of the Acts and subordinate statutes to photographs by cutting down CCTV for buses;
1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;
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. 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 Children and Juveniles against Sexual Abuse [the defendant recognized the crime of this case and is in profoundly against the defendant, the defendant has been punished for the same sexual intercourse. However, the degree of indecent act of this case cannot be deemed as serious, considering the circumstances where expert advice and appropriate treatment are performed, etc., it can be seen that the defendant's personal information registration and participation in sexual assault therapy for 80 hours can prevent recidivism even if the defendant's age, motive and method of the crime, the defendant's character and environment, and disclosure order will be suffered by the defendant.