A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from May 2012 to July 2015, worked as a driver of the D Driving Schools located in Busan Geum-gu, Busan, as a driver of the D Driving Schools.

The victim E (M, the birth on August 2002) was the student of the above driving school and returned home with the other student of the above driving school.

1. On May 2015, the Defendant: (a) committed an indecent act by force against the victim by using the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

2. On June 1, 2015, around 14:00 on a day, the Defendant: (a) reported that the victim (the 12-year-old age), in front of the said driving school, completed the course of the study of the driving school; (b) was waiting to board a vehicle 5 that he/she is waiting at the entrance of the driving school; and (c) committed an indecent act by forceing the victim by forcing the victim to take the victim’s bucks hand for a long time during which he/she continued to sit.

Accordingly, the defendant committed an indecent act against minors under 13 years of age on two occasions.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A stenographic record (victim E) or a statement made by the police with respect to F;

1. An expert opinion on sexual assault cases against children or persons with disabilities;

1. Application of Acts and subordinate statutes of each crime acknowledgement and investigation report (No. 1,5,7,9,18 No. 1,5,7,98)

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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