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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the mother of the victim D (the 14 years old at the time of the occurrence of this case).

On May 2, 2015, the Defendant: (a) around 17:00, at the victim’s house located in the Namdong-gu Incheon Metropolitan City E, 10 Dong 204, the Defendant reported that the victim, who was suffering from the radius, entered his/her own room with his/her grandparents, mother, etc.; and (b) entered the victim’s room; and (c) covered the victim’s side covered by his/her collision with his/her buckbucks, mucks, and macks by her hand.

Accordingly, the defendant committed an indecent act by force against the victim who is a child or juvenile related to him/her as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Investigation report (a video recording and stenographic record attached to the investigated video of a victim D), stenographic record;

1. Application of Acts and subordinate statutes to file a complaint and report on investigation (case of specifying the date of crime);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Facts, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes in the past; the Defendant’s registration of personal information ordered by this court and taking lectures in the treatment of sexual assault can prevent recidivism of the Defendant.