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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.
Reasons
Punishment of the crime
The defendant was on board the C bus operated from the Nam-gu, Busan to the lower end-dong at the Busan So-gu D stop, and the victim E (V, 15 years old) was on board the F apartment at the Busan So-gu F apartment stop.
On May 9, 2013, at around 19:00, the Defendant discovered the victim who was in the bus in front of the Busan Slick-dong, Busan Slick-dong, and used the bus with a large number of passengers on the bus, and used approximately seven times after the victim's her arm's length over seven times.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Application of Acts and subordinate statutes to a report on investigation (investigation of CCTV inside buses);
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); Article 298 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (4) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59 of the Act on Probation, etc.;
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2), Article 21 (3) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, Etc.;
1. Reasons for sentencing under Article 49(1)1 and (3), the main sentence of Article 50(1)1 and the main sentence of Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] from 1 year to 30 years [the decision of type] sex crimes, general standards, the crime of indecent act by compulsion (subject to over 13 years of age), and the case where the exercise of tangible power is significantly weak (a special person) [the general person subject to mitigation].