A defendant shall be punished by imprisonment for three years.

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 and mother of the victim C (math, 13 years of age), who is a relative with the victim.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape in relation to relatives) committed by the Defendant in February 2014, when the victim of D apartment located in Bupyeong-gu Incheon, Incheon, in the residence where the victim lives together with his/her grandparents, the Defendant did not come up by the victim's bucks, such as bucks, bucks, and bucks around the victim's sexual organ, and put the Defendant's fingers over the victim's fingers, and continuously put the Defendant's fingers over the Defendant's fingers, and put the Defendant's fingers over the Defendant's fingers, and tried to have sexual intercourse with the victim after putting the Defendant's fingers into the victim's sexual organ, but it was difficult to put the victim's fingers into the victim's sexual organ.

Accordingly, the defendant tried to have sexual intercourse with the victim who has been in a marital relationship by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

2. On February 2, 2014, the Defendant committed an indecent act against the victim in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-act in relation to relatives) by taking advantage of the victim’s mental disorder or the state of failing to resist, such as taking the victim’s finger in the places described in paragraph (1) and taking the victim’s clothes in front of the locked victim’s clothes, and taking the victim’s fingers into custody on the part of the victim’s sexual organ, and inserting the victim’s fingers on the part of the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of family relation certificates and resident registration cards statutes;

1. Articles 15 and 5(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act, Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Criminal Act.