아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for not more than ten months.
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 May 4, 2013, at around 15:30, the Defendant committed an indecent act against the victim in the means of public transportation in a 1st line subway line, wherein the victim E (the 16-year old age) was seated adjacent to the front entrance of the steel string and was locked.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of E prepared by the police;
1. Application of Acts and subordinate statutes to the F Statements;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, whichever is applicable to the crime;
2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
3. The main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / The defendant under the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse committed an indecent act against the aged victim as indicated in its holding. Although it is acknowledged that the crime of this case is inferior, it is difficult to readily conclude that the defendant has a habit or risk of sexual assault due to the lack of all punishment records including the sexual crime except for the crime of this case, and therefore, it is unnecessary to impose security measures such as disclosure and notification orders on the defendant. Meanwhile, considering that the defendant is relatively obvious in social ties, such as engaging in teaching service for over 30 years and supporting his/her spouse and two children, the defendant shall be prevented from sexual crimes resulting therefrom.