A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is the victim B (n't, 21 years old, 21 years old, 6 years old, and 6 years old).

피고인은 2018. 3. 28. 22:00 경에서 23:00 경까지 사이에 피고인과 피해자가 거주하는 경기 용인시 처인구 C 건물 D 호의 작은방에서, 잠을 자고 있던 피해자의 하의와 속옷을 벗긴 후 피해자의 음부를 혀로 핥았다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss of relatives or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Afforestation stenographic records made in relation to B;

1. A written statement prepared B (tentative names);

1. Each gene appraisal report;

1. A certificate of the disabled, a marriage-related certificate, a family relation certificate, and a certified copy of resident registration;

1. 112 Application of the Act and subordinate statutes to deal with the reported case list, field photographs, etc., internal investigation reports (in the initial statement of a victim), expert opinion on sexual assault against the disabled, investigation reports (to hear statements from the victim's telephone);

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

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 stay of execution (The following circumstances considered in favor of the reasons 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 an order to disclose or notify information, 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 crime of this case is committed against the Defendant who is a relative-related person, and thus, if the Defendant’s personal information is disclosed or notified, it is likely that the victim’s personal information may be disclosed to the public, and the secondary damage against the victim is likely to occur during that process.

In addition, the defendant's age, the kind and motive of the crime of this case, the process of the crime, the seriousness of the crime, the disclosure order or order.