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 is a spouse of the victim C (math, 30 years of age), who is a blood relative with the victim.

On October 5, 2017, at Daegu-gu D, Daegu-gu, 200 around 02:0, and at the second floor, the Defendant’s family members, family members of the victim, parents of the victim, etc. gather to drink together and drink together with each other’s family members.

During the locking in the room, the victim who was locked in the room was considered to have been a victim's family member due to the gap in the room in which he was the victim's family.

Accordingly, the defendant entered a room in which the victim's family members are self-employed, put his hand into the body of the victim in a state of resistance impossible to resist due to sleep, and talked with the victim's negative part, and again, the victim's negative part was invaded by the defendant's finger.

As a result, the Defendant committed an indecent act against the victim by using the state of impossibility of resistance by the victim related to relatives.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

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 light of the fact that Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, and 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 first offender is the defendant, and the defendant is recognized to commit his/her crime and is against himself/herself, it can be said that the defendant's personal information registration of the defendant and the lecture for sexual assault treatment can have the effect of preventing re-offending by itself

In particular, the sexual crimes of this case are shown.