A defendant shall be punished by imprisonment for not less than eight months.

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

On September 27, 2019, the Defendant stopped the Defendant’s Cbenz car in front of the Seoul Southernbuk-gu Seoul, Gangnam-gu, Seoul. On September 27, 2019, the Defendant considered the victim D (the age of 10) who walked on the way to walked on the way to the Defendant’s sexual organ with his hand after stopping the Defendant’s Cbenz car in front of the Seoul Northern-gu, and getting off the window within the said car and getting off his sexual organ with his hand while driving his sexual organ. The Defendant considered the victim D(the age of 10) as “ wherever he is the E elementary school.”

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. A written statement prepared in D;

1. A report on occurrence (crime of public performance and obscenity);

1. Application of the Acts and subordinate statutes to photograph the key screen pictures of CCTV images attached to a internal report (CCTV investigation, etc.) and the attached CCTV images;

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act, the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning orders to provide community service and attend lectures;

1. Taking account of the fear of sexual humiliation or mental shock of the victimized children and the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant’s criminal liability is heavy.

In addition, the defendant has been sentenced to a fine for public performance and obscenity even before.

However, considering the following factors: (a) the Defendant recognized the instant crime; (b) there is no record of punishment exceeding the fine against the Defendant; (c) the Defendant was under counseling treatment; and (d) the Defendant did not repeat the instant crime; and (c) the Defendant’s age, occupation, character and conduct, environment, health conditions, and circumstances before and after the instant crime and the pleadings, the sentence shall be determined as ordered by taking into account various sentencing conditions specified in the instant records

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