Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Punishment of the crime

The defendant is the father of the victim C (a family name, female, current 15 years of age).

1. Around June 2014, the Defendant committed an indecent act in a manner that, around 02:0 on June 2014, the Defendant committed an indecent act by taking care of her chest in the victim’s clothes (at the time, 11 years old), who was locked by the Defendant and the victim’s residence in Gwangju City D and 204.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of his blood victim's potential to resist.

2. Around December 6, 2016, the Defendant committed an indecent act by forcing the Defendant to use his/her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of his blood victim's potential to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on the statements of the victim recorded in video recording CDs;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 299 and 298 of the Criminal Act concerning criminal facts;

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 (Indecent Act by Relatives) as stated in paragraph (2) of the said Article with heavier punishment];

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. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant shall be a sex offense);