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

The defendant is the mother and mother of the victim C (nive, 15 years old at the time).

1. On August 1, 2016, the Defendant committed the crime at around 00:30 on August 1, 2016, at the small room in the Defendant’s residence located in Seongbuk-gu, Sungnam-gu, Sungnam-si, Sungnam-si, the Defendant divided the chest of the victim who was diving into his/her hands.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss.

2. On August 2, 2016, the Defendant committed the crime at around August 2, 2016: (a) at the same place as indicated in paragraph (1) around 01:00; (b) at the same place as indicated in paragraph (1); and (c) at the same place, the victim was divingd by hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report on investigation (verification of kinship between the suspect and the victim);

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

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning Crimes under paragraph (2) of the same Article which has heavier criminal status];

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant is the primary offender, the degree and expected side effects of the disadvantage and side effects of the Defendant’s entry due to the disclosure order or notification order, the prevention of sexual crimes that may be achieved therefrom, and the protection of the victim.