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

The defendant is the defendant who is the father of the victim C(A, 10 years old) and the second married D, the mother of the victim C.

In early 2006, the Defendant: (a) at the Defendant’s house located in Seo-gu, Busan, in a state of divorce crisis against D, the Defendant’s wife in Busan, and (b) did not enter the house; (c) performed drinking, she took a house into the house, and collected things inside the house; and (d) in the room where the Defendant’s shelves of the Defendant, she was able to keep the victim’s body far away from the victim’s omission, she rhyd off the victim’s body, and rhyd the Defendant’s her own hand into the victim’s inner part; (d) took charge of the chest; and (e) put the victim’s hand into the victim’s panty; and (e) put the victim’s 2-3 fingers into the victim’s her inner part.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Partial statement of the defendant (as at the fifth public trial date);

1. C’s statement contained in video recording CDs;

1. Copy of the statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to a certified transcript of removed family register, a copy of each family relation certificate, a copy of each resident registration card, and a copy;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 7 (2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims Thereof (Act No. 9932, Jan. 18, 2010); Article 298 of the Criminal Act (limited to the upper limit of punishment provided for in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for the reasons for sentencing);

1. The sentencing of Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.