A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is the mother of the victim D(n'e, 11 years of age) and the de facto marriage from 2015, and the victim's shesheshes and resides together with the victim.

At around 02:00 on August 6, 2016, the Defendant, entering the victim’s room and talked that the victim was divingd by entering the victim’s room, on the ground that the victim’s house located in Seocho-gu E was not locked up until late, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and caused the victim to commit an indecent act by force by using the gap in which the mother of the victim was locked up until her head.

이에 피고인은 피해자가 덮고 있는 이불을 들어 올려 피해자의 팬티 위로 피해자의 음부를 만지고, 피해자의 팬티 안으로 피고인의 손을 집어넣어 피해자의 음부를 만지고, 피해자의 팬티를 내린 후 혀로 피해자의 음부를 핥고, 피해자가 팔로 피고인의 가슴을 때리며 저항함에도 손으로 피해자의 가슴을 만졌다.

Accordingly, the defendant committed an indecent act by force against the victim who is a minor under 13 years of age and is a relative of de facto relationship.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to stenographic records;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion of minors under the age of 13), and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc.

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

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. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;