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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.
Reasons
Punishment of the crime
On December 5, 2012, the Defendant, as an elementary school bus driver on December 17:15, 2012, the Defendant: (a) held the victim G (the age of 14) in a F School bus operated from the D Elementary School located in Kim Jong-si to the front door of the apartment complex in the Jeonbuk-gun located in Kim Jong-si, and reported from the driver’s seat immediately behind the driver’s seat to the front door of the vehicle, in a manner that the victim’s walked to the front door of the vehicle, makes it difficult for the victim to force force the victim to commit indecent act; (b) held the victim’s face; and (c) asked him/her whether he/she gets out of his/her seat; and (d) asked him/her whether he/she is shot or not, without any justifiable reason, who the victim tried to get out of the vehicle, and forced the victim, who is a child or juvenile, to commit an indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;
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. Where the conviction of the instant case is finalized, the Defendant who is registered with personal information of a child or juvenile attending a lecture pursuant to Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012), and Article 21(2) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and is obligated to submit personal information to the competent agency pursuant to Article 5(1) and Article 43 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 115
An order of disclosure and notification.