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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.
Reasons
Punishment of the crime
The defendant, as a mother of the victim C (V, 8 years of age), was in the third degree of affinity relationship, was in the fourth degree of affinity relationship as a senior relative of the victim D (V, 14 years of age), and was in the fourth degree of affinity relationship, around September 19, 2013, visited the defendant's side located in the defendant's side of the defendant's side located in Ilyang-si, Busan Metropolitan City, and became only the victims.
1. On September 20, 2013, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-rape, etc. in relation to relatives) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, quasi-rape, etc. in the relationship of relatives) committed an indecent act against the victim C’s panty typ, which was set up in a ward on the same side with the same side.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim under 13 years of age who was locked and was unable to resist.
2. On September 20, 2013, the Defendant: (a) discovered the victim D who was diving outside of a maternal keeping room installed on the same side with a new wall on a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-rape, etc. in relation to relatives); (b) committed an indecent act against the victim by inserting the victim’s panty by inserting the victim’s hand into the victim’s panty;
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim who is a child or juvenile with kinship and was unable to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records;
1. Application of statutes on the family relations register;
1. Article 5(3) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed in relation to the relevant criminal facts, Article 299 of the Criminal Act, Article 7(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a quasi-indecent act by compulsion of persons under the age of 13), Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Criminal Act.