A defendant shall be punished by imprisonment for not more than ten months.

except that 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 May 16, 2013, at around 16:30, the Defendant started from the Seoul Gangnam-gu bus terminal located in 19-4, Seocho-gu, Seoul, Seocho-gu, Seoul, and used the Defendant’s right buckbucks for the victim D (the age of 14) who is a child or juvenile boarding the Defendant’s seat on his seat in Busan as his hand. On May 16, 2013, the Defendant started using the victim’s ambucks in three to four times, and ambucks and arms of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D and written E preparation;

1. Application of Acts and subordinate statutes to investigation reports (in cases of seat and seat statements of the accused, CCTV inside buses), investigation reports (in cases of reference witnesses, etc.), text messages photographs, investigation reports (in cases of attaching photographs) and investigation reports (in cases of text messages prepared by the complainant as at the time of this case, attaching photographs to photographs);

1. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Whether exemption from disclosure order and notification order constitutes “any other special circumstances deemed prohibited from disclosing personal information” provided for in the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse as one of the grounds for exception to disclosure order and notification order under the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse shall be deemed to be disadvantageous to the Defendant due to the nature of the offender, such as the Defendant’s age, occupation, risk of recidivism, etc., type of the relevant crime, motive, process of the relevant crime, seriousness of the relevant crime, such as disclosure order or notification order.