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

The defendant is the father and father of the victim B (son and C).

On April 1, 2017, the Defendant was able to have the Defendant’s hand in the Defendant’s residence in Kimpo-si, Kimpo-si (hereinafter “the Defendant”) located in the Defendant’s residence in Kimpo-si (hereinafter “the Defendant’s residence”) and her hand in the Victim B’s panty line, and her the Defendant flicked the Defendant’s sexual organ.

Accordingly, the defendant committed an indecent act on the part of the above victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Stenographic records of each of the statements in the statement recorded in the No. 44 years, No. 45 years, and the statement made in the statement No. 45, and stenographic records of the victim’s statement in B;

1. The report of the F intermediary and each statement and analysis expert opinion of G;

1. Statement and analysis opinion of H of the professional examiner concerned;

1. Determination on the defendant and his/her defense counsel's assertion

1. 피고인 및 변호인의 주장 피고인이 판시 범죄사실과 같이 손으로 피해자 B의 성기를 잡은 사실은 있지만, 위 피해자의 성기를 꽉 움켜쥔 것이 아니라 엄지와 검지로 위 피해자의 성기의 귀두부분을 살짝 잡았을 뿐이고, 위와 같은 행위는 위 피해자에게 친근감을 표시하기 위한 장난이었을 뿐이므로, 사회상규에 반하지 않는 행위로서 위법성이 조각된다.

2. Relevant legal principles

A. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of that time.

In addition, the subjective motive is to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.