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 of the final judgment.

Punishment of the crime

The defendant is a taxi driver.

At around 08:30 on July 10, 2014, the Defendant asked the victim D (the 16-year old-old) who was making a call taxi in the vicinity of Seongdong-dong, Sungnam-si (the 16-year old-old) to be a customer on the back seat of the ro-type taxi and to the front seat of the night station in the same city. On the other hand, the Defendant asked the victim of the defect of broadcasting that married married couple in the radio to ask him/her about his/her opinion about his/her age, experience, etc., and then asked him/her about whether he/she has sexual experience, etc., and then asked him/her about whether he/she had the victim's hand and her hand off his/her hand against the victim's will. When the Defendant gets off the said taxi, the Defendant made a indecent act by compulsion."

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 12329, Jan. 21, 2014; and enforced July 22, 2014); Article 298 of the Criminal Act concerning 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 made again for the reason of sentencing);

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

1. The Defendant’s criminal records, the background and attitudes of committing an offense, the registration of personal information, and taking lectures in sexual assault treatment, which are indicated in the records of this case, appears to have an effect of preventing recidivism to a certain extent, and other benefits and preventive effects expected by the disclosure order or notification order, as well as those expected by such order.