A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

피고인은 2019. 8. 23. 18:30경 의정부시 B아파트 부근을 운행 중인 C 버스 안에서, 피고인의 성기를 피해자 D(가명, 여, 16세)의 엉덩이 부위에 갖다 대고 비벼댔다.

Accordingly, the defendant committed an indecent act against the victim in a bus which is a concentrated means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. E statements;

1. Photographs materials (in the form of a suspect at the time of suspect investigation);

1. 112 Reporting case handling table; and

1. Application of the Acts and subordinate statutes concerning photographic materials of the contents of Kakakao Stockholm with the victim and his/her branch organ;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor, the choice of a criminal defendant

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The Defendant, on the grounds of sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, committed an indecent act by accessing the victim, using a bus as a means of public transportation,

At the time, the victim was aware that he was a juvenile in prison uniform, and even though the defendant was punished for the suspension of imprisonment for the same kind of crime in 2013, the crime of this case is highly likely to be criticized in light of the fact that he committed the crime of this case.

The victim of indecent act seems to have caused considerable mental impulse and sexual humiliation, and did not agree with the victim.

However, the defendant recognized the crime of this case, and the fact that there is no record of criminal punishment other than the above previous convictions shall be considered as favorable circumstances, and other circumstances constituting the conditions for sentencing as shown in the arguments and records, such as the defendant's age, character and behavior, environment, circumstances after the crime, and circumstances after the crime.