Text
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.
Reasons
Punishment of the crime
The Defendant reported the marriage around September 1, 200 with wife C and around July 9, 2012, but was married on or around July 9, 2012, but actually maintained marital relations, and the victim D (the age of 15) is the Defendant’s wife C’s wife’s wife’s wife’s wife’s wife’s husband’s wife’s wife’s wife’s wife’s wife’s wife’s
around 02:00 on September 19, 2012, the Defendant discovered the victim who was divingd in the bed in the bed, and caused a sudden desire for the victim, thereby placing the victim’s hand into the bed and bucks and tacks.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's de facto blood failure to resist.
Summary of Evidence
1. Defendant's legal statement;
1. The statement made in D in the video CD;
1. Application of investigation reports (verification of the relationship between a suspect and the victim), investigation reports (in relation to attachment of marriage certificates for a suspect A, etc.), and statutes;
1. Article 5 (3), (2) and (5) 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. 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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;
1. The reason for sentencing under Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse [decision of the type], general standards, the crime of indecent act by force (subject to the age of 13) and the crime of indecent act by blood relatives (special mitigation] where the degree of indecent act is significantly weak, in a case where the degree of indecent act by blood relatives' exercise of force is weak, the court below's decision [decision of the recommended sphere] the special mitigation sphere [the scope of punishment] from 9 months to 3 years [the scope of punishment] imprisonment [the range of punishment] from 2 years and 6 months to 15 years [the comparison of applicable sentences and recommendation] from 2 years and 6 months [the sentence] from 2 years and 3 years [the sentence] [the sentence] from 2 years and 6 months