A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On April 14, 2013, around 17:28, the Defendant was boarding F-city bus in the direction E at the front bus stops in front of the D Jeonju shop located in the Full-Time Seoul Metropolitan Area C.

피고인은 같은 날 17:45경 혼잡한 버스 안에서 손잡이 부분에 걸터앉아 있던 승객 피해자 G(여, 12세)에게 다가가 갑자기 왼쪽 허벅지에 성기를 대고 수차례 비비고, 이에 피해자가 이를 피하기 위하여 일어서서 뒤돌아서자 계속하여 피해자의 뒤에 서서 피해자에게 몸을 밀착시키고 발기된 성기를 피해자의 엉덩이 부위에 대고 수차례 비볐다.

Accordingly, the defendant committed an indecent act by force against a minor under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor and police suspect interrogation protocol against the accused;

1. Each police statement of G and H;

1. Application of the Acts and subordinate statutes concerning reports of internal investigation;

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); 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. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction of the Defendant who has registered personal information of this case against the Defendant under Articles 38(1)1 and 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) becomes final and conclusive, the Defendant becomes a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is a person subject to registration of sexual crimes.