아동ㆍ청소년의성보호에관한법률위반(강제추행)
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
On September 8, 2013, the Defendant 19:18 around 19:18, and 19:3, within the mid-to-land bus in the middle-to-land bus in the Daegu Masan-gun of the Haak-gun of the Republic of Korea, the Defendant was seated above the seat of the injured party C (the age of 18), a juvenile, who was seated and locked, her knee, and her knee knee knee knee knee knee knee knee knee kne.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. The statements and stenographic records made by victims C in a video CD and the application of statutes;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
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. Determination on the assertion of the Defendant and his/her defense counsel under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. The summary of the argument is the date and time as indicated by the Defendant, and the victim's kneee, who was seated next to the victim, and the victim's knee, and there was no intentional indecent act by the Defendant.
2. The following circumstances found by the evidence duly adopted and investigated by this Court: ① The police consistently stated the victim’s damage that “the Defendant was seated on the victim’s side and got knee knee knee knee knee knee kne kne kne kne kne knebbbbs; ② the Defendant’s body part and contact method; the Defendant’s response to the victim’s body, and the situation before and after the instant crime.