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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 is a person working as a “C High School bus driver” in Busan High School No. 8, which is located in Busan High School B, and the victim D (name, leisure, 15 years old), and E (name, leisure, 15 years old) is a student in the first year of the above “C High School”.
1. 피해자 D에 대한 범행 피고인은 2018. 7. 18. 13:30경 위 ‘C고등학교’ 운동장에 주차된 8호차 스쿨버스 내에서, 스쿨버스 앞좌석에 앉아 에어컨 바람을 쐬고 있던 피해자 D의 옆에서 서서 갑자기 손으로 피해자의 귓불을 비비듯이 만지고, 피해자가 아프다며 피고인의 손을 밀어내자 갑자기 손으로 피해자의 왼쪽 허벅지를 주무르듯이 만졌다.
The defendant continued to move out of the Sh School bus the body of the victim in the direction of the body from the string to the string of the victim.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
2. The Defendant committed the crime against the victim E was her am, as described in paragraph (1), at the time, place, and D followed by the victim E coming from the entrance door to outside of the school bus, with the victim’s own hand floor.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Defendant's legal statement;
1. The statements and stenographic records made by the victim D in the video CD;
1. The application of the statements and stenographic records made by victims E in the video CD;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (the occupation of each indecent act by force against victims D and E, and the choice of each imprisonment with labor);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims D with heavy circumstances];
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.