A 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

[Criminal Power] On September 13, 2018, the Defendant was sentenced to two years and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Gwangju High Court on September 13, 2018 and the judgment became final and conclusive on September 21, 2018.

【Criminal Facts】

The defendant is a senior mother of the victim B (the family name, the female, the age of 15), and the victim is a disabled person of Grade II with intellectual disability.

In 2013, the Defendant forced the victim's panty and inserted the Defendant's sexual flag into the sound part of the victim, even though he did not want to do so, within the Defendant's house located in the Hamyeong-gun, Hamyeong-gun, Ham-dong, Ham in 2013.

Accordingly, the defendant, by force, has sexual intercourse with the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each resident registration record card;

1. Previous convictions: Criminal history records and the written judgment [the defendant, while recognizing the facts of the crime in this case, stated to the effect that he memorys as “B around 2014, the previous director,” the time of the crime. However, according to the evidence above, it can be known that the defendant transferred his resident registration to B around May 20, 2014. Thus, it is reasonable to view that the defendant committed the crime in this case as indicated in the facts charged in this case, as indicated in the facts charged in this case].

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the crime and Article 7 (5) and (1) of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated following the handling of concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;