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

피고인은 2015. 10. 9. 23:00경 피고인의 주거지인 안양시 만안구 C B01호에서 피고인의 처, 피해자 D(4세)의 조모 E와 함께 술을 마시던 중, 조모를 따라온 피해자를 추행할 것을 마음먹고, 그곳 안방에서 혼자 놀고 있던 피해자에게 다가가 피해자를 끌어안은 채 피해자의 입 속에 피고인의 혀를 집어넣어 피해자의 혀를 핥고 피해자의 하의 속으로 손을 넣어 엉덩이를 만졌다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (attached to a statement of experts in fact-finding and analysis of children-disabled persons);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

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

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing in full view of all the circumstances, such as the age, occupation, family environment, criminal record, and risk of re-offending of a crime committed by the defendant, which are recognized as recorded, the benefits and effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects resulting therefrom, etc. of the defendant's personal information disclosure or notification order of this case, and the reason for sentencing in light of the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50 (1) of the same Act (

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Where the degree of indecent act (a person subject to special mitigation) in the mitigated area (two years and six months to five years) (special mitigation) of types of sex offenses subject to the age of 13 on the general standards (the scope of recommending punishment) is weak (one and three types);

3. Determination of sentence: In this case, two years and six months of imprisonment, and three years of suspended execution; and