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 this judgment becomes final and conclusive.

Punishment of the crime

『2019고합589』 피고인은 2019. 5. 8. 21:52경 수원시 세류역을 경유하여 화성 정남면 일대까지 운행하는 B회사 C 노선 버스 안에서, 그곳 하차 출입문 앞좌석 창가자리에 교복을 입고 앉아있는 피해자 D(여, 16세)의 옆에 앉은 다음 피해자에게 “공부를 열심히 해야 한다”라고 말하면서 손등으로 피해자의 어깨 부위를 수회 치고, 팔짱을 낀 상태로 아래에 있는 손을 움직여 피해자의 옆구리를 수회 만지고, 몸을 피해자에게 밀착시킨 후 손을 피해자의 다리 아래에 넣어 피해자의 허벅지 안쪽을 만지는 등 피해자를 추행하였다.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

At around 21:00 on June 20, 2019, the Defendant: (a) opened in the electric train near the subway station of subway No. 1 line; (b) opened in the side of the victim E (V, 18 years old); and (c) “I do not have a large number of mobile phones”; and (d) committed an indecent act by force against the victim by dividing the victim’s chest by the victim’s own hand.”

Summary of Evidence

"2019 Gohap589"

1. Legal statement of witness D;

1. The police statement of the accused;

1. A investigative report (CCTV investigation) 2019 Highly 607;

1. Legal statement of witness E;

1. The defendant's suspect interrogation protocol of the police and his defense counsel asserted that the defendant's grandchildren could have contacted the victims' body, but they did not intend to commit an indecent act because they did not have any intention to commit an indecent act.

According to the above evidence, it can be sufficiently recognized that the defendant has contacted victim D's side glass and buckbucks, etc. several times as stated in the judgment and that the victim E's chests were automatically divided into the victim E. In light of the circumstance and form leading up to the above act, the part and duration of physical contact, the response of the defendant and the victims immediately after the occurrence of the case, etc., the defendant's indecent act is also committed against the defendant.