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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
Defendant
On February 20, 2018, at around 22:30, the respondent of the probation order (hereinafter referred to as the "defendant") was on board the express bus such as B, etc. operated from the Daegu dong-gu, Daegu dong-gu to the Incheon Comprehensive Bus Terminal, and was seated on the 13th seat on the window. From February 21, 2018 at around 00:40 on February 21, 2018 to around 01:30 on the same day, the victim C (Ga name, 18 years old), who was divingd at the above 10 seat on the right left side of the defendant, was slided by the gap between the seat number 10, the front of the defendant and the windows.
Accordingly, the Defendant committed an indecent act against the victim by using the victim’s potential to resist.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness C (tentative name) and D;
1. 112 Report disposal slips;
1. Investigation report (to be accompanied by a photograph inside and outside of a bus taken on the day of the case), a bus box image photograph;
1. Investigative report (Attachment of a photograph of the E- course submitted by the victim), and E- course photographs sent to and received from the friendly districts submitted by the victim;
1. Application of investigation reports (verification of the bus seat situation at the time of the investigation) Acts and subordinate statutes;
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and lecture
1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction against a defendant who has registered personal information is finalized under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 15452, Mar. 13, 2018);