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

At around 18:00 on December 8, 2013, the Defendant boarded the cross-city bus at the Kimhae-dong, Kimhae-dong, Kim Jong-dong, and became a seat next to the victim D (the age of 16) who is a juvenile.

The defendant got out from the time when the victim was suffering from difficulties, and the defendant got off the victim's right buckbucks by drinking the victim's mind to force indecent acts from the time when the victim passed Kim Jong-dong-dong IC.

The Defendant continued to 9 times in total from Kim Sea to Donyang, even though the victim was seated by the victim's indecent act, and 4 times in total from Don to Donyang, and 13 times in total, led to the victim's right bucks.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 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 repeated in favor of the reasons for sentencing);

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

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the circumstances leading to the instant crime, the age, occupation, home environment, criminal record, and the risk of recidivism of the said crime (the defendant has no criminal record of the same kind of sexual crime)]

) In full view of various circumstances, such as the benefits expected due to the instant disclosure order or notification order and the effect of prevention, and disadvantages and side effects arising therefrom, it is determined that there is a special circumstance that the Defendant’s personal information should not be disclosed or notified (see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012)). A judgment of conviction on the instant criminal fact becomes final and conclusive.