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.

Criminal facts

From around 2007, the Defendant is in a de facto marital relationship with C, and the victim D is a wife of C.

1. On November 9, 2012, around 22:00, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disorder, or the state of failing to resist, while undermining the victim’s entrance in a way that the victim (the age of 16 at that time) was locked.

2. On March 2013, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disorder or the state of failing to resist, with the intent to put the victim under the influence of entering the victim and to put the victim into the victim’s entrance, on the part of the Defendant’s house located in the Net CityF, and the victim (the age of 17 years at that time) was locked.

3. On September 18, 2013, the Defendant: (a) around 22:00, at the place specified in paragraph (2) and around 17 years old; (b) did not follow the victim’s age; (c) was likely to be under the influence of the victim; (d) was able to be under the influence of the victim’s entrance; (c) was able to be under the influence of the victim; and (d) was able to be under the influence of blood-related relatives.

Summary of Evidence

Defendant’s legal statement

Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 29 of the Criminal Act, Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood relationship), and Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood relationship) among concurrent offenders under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstance that is favorable to the reasoning of sentencing below) of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides for the reasons of sentencing).