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.

Punishment of the crime

On October 16, 2014, at around 16:19, the Defendant committed an indecent act by force against the victim E (the 10-year-old) who was seated on the side of the passage at the bus No. 370, when operating the D Hospital in Pyeongtaek-si C, and was seated on the side of the passage.

Summary of Evidence

1. A statement made by the witness F in this Court;

1. A statement prepared in the F;

1. The statement of the victim recorded in the video CD;

1. Entry of stenographic records in the statement of a victim in the preparation of the G;

1. Each report on investigation by the police (including a report on investigation with accompanying pictures), recording each of the particulars of receipt of the crime, etc. / Correction of the name of the crime, / CCTV video data in buses) or video (including a report on investigation with accompanying photographs);

1. Statement and analysis of the statement of a victim of sexual assault against a child or disabled person prepared by H is written as an expert opinion of sexual assault against a child or disabled person;

1. Determination as to the assertion by the Defendant and the defense counsel as a result of the video reproduction and viewing of the CCTV data CD (Evidence No. 13) in this Court

1. The gist of the assertion lies in the fact that the Defendant, as his hand, she was aware of the victim’s bridge. However, this is merely an act to gather a bridge because it is not good to view that the victim was seated, and thus did not intend to commit an indecent act against the victim. Such an act does not constitute an indecent act.

2. Determination of whether an indecent act constitutes an act that causes sexual humiliation or aversion to the general public and is objectively contrary to good sexual moral sense is an infringement on the victim’s sexual freedom. Determination of whether an act constitutes such an act ought to be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the actor and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation, sexual moral sense, etc. (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002).