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 two years from the date of the final judgment.

Punishment of the crime

On March 5, 2015, at around 16:30 on March 16:30, 2015, the Defendant: (a) 33 years old bus stops in Sungnam-gu, Sungnam-gu, Sungnam-gu, and was boarding a bus 33 times to a juvenile victim C (the age of 16 and female); and (b) 17:00 on the same day, the Defendant committed an indecent act against the juvenile victim by making the victim, who was in the entrance stairs after the bus, to get out of the bus stops near the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing in light of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure order and notification order, appears to have an effect of preventing recidivism to a certain extent as a result of the Defendant’s criminal records, the background and attitude of crimes, the registration of personal information, and taking lectures in the sexual assault treatment course; and (b) other circumstances, such as the Defendant’s health, family environment, social relationship, benefits and preventive effects expected from disclosure order or notification order, and disadvantages and side effects that the Defendant suffers, etc.

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. 13 years of age in the case of indecent act by force by force according to the sentencing criteria.