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 was paid from October 2019 to the external third village of the victim B (n, 19 years of age), and from the point of view of October 2019, the defendant's female C and the victim were located in Ansan-gu D and E.

At around 03:00 on December 4, 2019, the Defendant, who was living in a ward at the above residence, was living inside the victim's room and was living in the bed part of the victim's breast part of the victim's cell.

Accordingly, the defendant committed an indecent act by force against the victim who is a relative by taking advantage of mental and physical loss.

Summary of Evidence

Witness

B Legal Statements

1. Protocols of seizure and list of seized articles, photographs of seized articles and on-site photographs of the police statement regarding B;

1. The application of Acts and subordinate statutes to a criminal investigation report (in response to a gene appraisal report by the Seoul Scientific and Investigation Agency), investigation report (the confirmation 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3 (1) of the Welfare of Persons with Disabilities Act; the main sentence of Article 29-3 (1) of the Child Welfare Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 effect of preventing recidivism may be achieved even on the registration of personal information against the accused, taking lectures to treat sexual violence, taking lectures to treat sexual violence, and taking restrictions on employment against the accused;

If the personal information of the defendant is disclosed or notified to the public, it is a relative.