성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a mother of the victim B (a family name, a female, 15 years of age).
1. At around 22:00, the Defendant: (a) was in a room in the dwelling of the victim (at the time between 11 and 12 years of age) in Daegu Suwon-gu, Daegu-gu, on the date of wintering from around 2015 to 2016; (b) discovered the victim who was divingd; and (c) took part in the part of the victim’s chest.
Accordingly, the defendant committed indecent acts against the victim under the age of 13 who was in kinship by taking advantage of the victim's potential to resist.
2. 피고인은 2019. 2. 24. 02:00경에서 04:00경 사이에 대구 북구 D아파트 E호에 있는 피고인의 주거지에서, 거실 바닥에서 잠을 자고 있던 피해자를 발견하고 피해자에게 다가가 손으로 피해자의 가슴을 수회 쓰다듬고, 피해자의 브래지어 안으로 손을 넣어 손가락으로 피해자의 가슴을 만지작거리고, 브래지어를 위로 올린 다음 혀로 피해자의 유두를 수회 핥았다.
Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s potential to resist.
Summary of Evidence
1. Defendant's legal statement;
1. A report and a letter of complaint;
1. Application of Acts and subordinate statutes to a report on investigation (including the list of evidence Nos. 9, 12, and accompanying materials);
1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts, Article 299 of the Criminal Act, Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a point of a minor under the age of 13 by quasi-indecent act by compulsion);
1. The provisions of Articles 40 and 50 of the Criminal Act (Article 40 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 13 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 (Article 13 of the same Act on Special Cases concerning the Punishment, etc. of