A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

A. The Defendant, who committed the crime, is the victim B (here, 9 years of age).

At around 13:00 to 14:00 on the date in 2017, the Defendant thought that the victim was locked at the residence where the Defendant and the victim jointly reside with the Defendant, and had the intent to commit indecent act by taking advantage of the victim’s state of refusal to resist.

At the same time, the Defendant, at the small room above the above residence, brought the victim's pantyty to the buckbucks by hand, and put the hand in three to four times on the part of the victim.

As a result, the Defendant committed an act of inserting the body, such as fingers, in the victim’s sexual organ by taking advantage of the victim’s state of failing to resist under 13 years of age, and at the same time attempted to forcibly commit an indecent act against the victim by blood or marriage, but did not bring the victim into sleep, but did not commit such an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of statements made by victims, statements and analysis of children and persons with disabilities;

1. Application of the certified copy, certified resident registration card, and family relation certificate statutes;

1. Articles 15 and 7 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 299 and 297-2 (a quasi-similar act committed against a minor under the age of 13) of the Criminal Act, Articles 15 and 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person who is a minor or quasi-incompetent who is 13 years old or under 13 years old);

1. Legal mitigation under the proviso to Article 27 and Article 55 (1) 3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, concerning probation, orders to attend lectures and orders to provide community service;