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

피고인은 2013. 7. 14. 17:32경 부산 동래구 명륜동 소재 동래지하철역 도시철도 4호선 미남역 방향 승강장에서 검정색 원피스를 입고 지하철을 기다리고 있는 피해자 C(여, 13세)을 보고 욕정을 품고 피해자가 지하철을 타자 따라 타면서 갑자기 오른 손바닥으로 피해자의 엉덩이를 2~3초가량 움켜쥐고 왼팔로 피해자의 어깨를 감쌌다.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of CCTV Acts and subordinate statutes to subways;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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

1. Determination of the reasons for sentencing [the range of applicable sentences] 1 year to 15 years [the range of applicable sentences] / 15 years [the range of recommended sentences]] : sex crimes, general standards, the crime of indecent act by compulsion (subject to 13 years or more), juvenile indecent act by compulsion (the upper limit and lower limit of the range of sentence shall be mitigated to 2/3), the special person - special person - mitigation of the scope of sentence (the upper limit and lower limit of the range of punishment) : the exercise of tangible power, where the exercise of tangible power is considerably weak.