A 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 C's spouse, who is a sibling of victim B (a family name, female, 33 years of age).

At around 02:40 on May 13, 2019, the Defendant became aware of the victim who was divingd at the lower room of the Defendant’s house located in the D apartment E at Sejong-si, the Defendant became aware of the victim, and became aware of the victim’s chest by hand.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's state of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B (alias);

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, 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 has no record of criminal punishment for the past, and the background, method and mode of the instant crime, relationship with the victim, etc., the Defendant may expect the effect of preventing recidivism to a certain extent only with the order to register personal information of the Defendant and undergo sexual assault treatment.

In addition, considering the Defendant’s age, occupation, environment, family relationship, social relationship, the details, means, and result of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention effect of sexual crimes subject to registration that can be achieved therefrom, and the effect of protecting the victims, the Defendant’s personal information is subject to comprehensive consideration.