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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 is the mother of the victim D (math, 14 years of age), the married person on April 2013, and the relative of the first degree of marriage with the victim.
On January 21, 2016, at around 13:00, the Defendant, at the home where the Defendant and the victim live together, had the intent to report and commit an indecent act against the victim who was intending to sleep, had the victim take the Defendant’s hand by leading him to the victim’s inner part, and had the victim met the Defendant’s ship and chest.
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D or F;
1. Application of Acts and subordinate statutes to report on investigation (Attachment of Family Relationship Certificate for the mother of a victim);
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the defendant. Since the crime of this case is limited to the victim who is related to the defendant, the contents of the crime of this case are likely to cause considerable damage to the victim due to disclosure and notification because it is possible to specify the victim, the defendant has no record of sexual crime, and the defendant is anticipated to have no record of sexual crime, and the defendant's personal information registration and sexual assault treatment program alone are expected to prevent recidivism. The reason for sentencing is one of the reasons for sentencing.