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

피고인은 2017. 2. 23. 11:30 경 자신의 주거지인 서울 동대문구 C 아파트 202동 103호 내에서 자신의 장 모인 피해자 D( 여, 85세) 과 함께 식사를 하던 중 욕정을 느끼고 갑자기 피해자에게 달려들어 피해자를 바닥에 눕힌 뒤 얼굴을 피해 자의 목덜미와 얼굴에 비볐다.

Then, after cutting off the part of the victim, the milch of the victim's right chest was frighted by the victim's entrance, and the victim resisted by her resistance, the victim's knife both knife and panty knife by hand the knife of the victim's knife, and knife the part of the victim's knife by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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. In full view of various circumstances, such as the background of the instant crime, Defendant’s age, sex, social ties, criminal records (no history of sexual crimes), the risk of recidivism, the disclosure order and the effect of prevention of interests expected by the disclosure order and the notification order, disadvantages and side effects, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) 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 disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; and (c) Article

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Two years and six months to three years (victims) of imprisonment within the scope of the recommended sentence.