A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 15, 2019, around 01:06, the Defendant entered the facts charged of the Defendant’s wife who was diving in C’s camp doping team located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in the facts charged of the Defendant’s wife. However, according to the statement by the Defendant and the victim, the victim was clearly considered as the Defendant’s wife and the Defendant’s defense was corrected as the Defendant’s wife ex officio to the extent that it does not affect the Defendant’s right of defense.

Since the victim D (n, 18 years old), the chest and the ship of the victim, and the victim did not properly resist the victim, such as the victim was unable to respond to any response, the victim took the bridge of the victim as the defendant's bridge, and put the victim's finger and the chest into the part of the victim as soon as possible on several occasions.

As a result, the Defendant, by force, committed an indecent act against the victim who is related to the child's sexual intercourse at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (emergency action 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 and Article 7 (5) and Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of any juvenile similarity by force);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The registration of personal information of the accused and sexual assault against the accused in light of the first offender, the age, occupation, family environment, social ties, etc. of the accused, the exemption from disclosure order and notification order under 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.