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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the father of the victim B (here, 12 years of age at the time).

1. Relatives by blood, quasi-indecent act by compulsion, and quasi-indecent act by compulsion of minors under the age of 13, on August 28, 2019, the Defendant, within the content of D Camping C in Gangwon-si, Gangwon-si, Gangwon-do, and the Defendant, who was divingd by the Defendant’s side, included his finger in the clothes of the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental condition, who is a relative of under 13 years of age.

2. 친족관계에 의한 준강제추행미수 및 13세 미만 미성년자 준강제추행미수 피고인은 제1항 기재 일시, 장소에서 위와 같은 피고인의 행위에 피해자가 잠에서 깼음에도 잠들어 있는 것으로 오인하고 피해자의 바지 속으로 손을 넣어 음부를 주무르고, 피해자가 뒤척이자 손을 뺀 뒤 피해자의 몸을 끌어안았다.

Accordingly, the Defendant was aware that the victim, who was a relative under 13 years of age, was locked and tried to commit an indecent act by using the victim. At the time, the victim did not have been in the state of mental disorder or failing to resist. Therefore, the Defendant did not commit an attempted act but did not intend to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the details of meetings with victimized children by specialized child protection agencies, verification of a certified copy of the resident registration of the suspect, and interview with the victim's mother);

1. Application of Acts and subordinate statutes to the victim's statement stenographic records, intermediary's report, statement analysis expert opinion;

1. Article applicable to criminal facts;

(a) Paragraph (1) of the same Article: Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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's quasi-indecent act by force under the age

(b) Decision 2: Articles 15 and 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes