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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment with prison labor and four years of suspended execution on February 12, 2013 at the Suwon District Court’s horizontal Housing Site for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and the said judgment became final and conclusive on June 1, 2013 and is still under suspended execution.

【Criminal Facts】

The defendant is the pro-child of the victim C(M, 13 years of age).

Around 04:00 on February 21, 2013, the Defendant: (a) was divingd at the victim’s own residence (DB 204) around 04:00, the Defendant committed an indecent act, such as: (b) placed the victim’s chest part of the Defendant’s sexual flag part for about five minutes by hand into the victim’s entrance; (c) put the victim’s chest into the victim’s clothes; (d) put the victim’s chest into the victim’s panty part; (e) putting the victim’s finger into the victim’s panty part; and (e) put the victim’s finger into the victim’s quality; and (e) putting the finger in the victim’s finger while having the victim’s refusal to do so.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Family relation certificate, certified copy of resident registration;

1. Previous records: Criminal records and other inquiries, investigation reports (written judgments of suspects 2012, 444, and submission of printed materials of trial proceedings), written judgments, and application of the search Acts and subordinate statutes of Supreme Court B;

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); 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. The Defendant’s mother, who is a victim, is exempted from an order of disclosure and notification, under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012).