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

On March 2012, the Defendant, at the home of the Defendant located at Ansan-si, at the end of March, 2012, led the victim D (the 9-year old-old-age-age-age-age-age-age-age-age-age-age-age-age-of-the-child-child-child-child-child-child-child-child-child-child-child-child-child

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of the police statement law to D;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts;

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 ( repeatedly considering the same circumstances as the above);

1. If the personal information of the Defendant is disclosed from an order to disclose or notify information under Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the victim is likely to suffer secondary damage due to disclosure of the fact that the Defendant suffered indecent act by compulsion from his father. However, in light of the background leading up to the Defendant’s complaint, the details of the instant crime, the Defendant’s tendency and attitude, etc., it is difficult to deem that the Defendant is likely to recommit a sexual crime.

Therefore, since there are special circumstances in which the personal information of the accused shall not be disclosed, the order to disclose or notify the accused is not imposed pursuant to the proviso of Article 38(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

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

2. The range of recommended punishment according to the sentencing guidelines [the range of recommending punishment] sex crimes, general standards, sex crimes subject to the age of 13, Type 3 (special mitigation] (the range of recommending punishment] mitigated area, and two years and six months to five years of imprisonment;

3. The crime of this case by which the father committed the crime of this case according to the sentence of sentence is committed by indecent act by force.