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 completed a marriage report with D, a mother of the victim C (here, 14 years old), and was in a marital relationship from that time.

On November 20, 2012, at around 18:30 on November 20, 2012, the defendant visited the house of the above victim E in Yeonsu-gu Incheon Metropolitan City to find the defendant's wife, and the victim found himself/herself in the room, entered the room of the victim to be the face of the victim, and moved to the ward.

At around 18:35 on the same day, the Defendant continued to enter the victim's room, faced with the victim's face, and committed an indecent act by force, by hand, with the victim's clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of family relation certificates);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts;

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 (Discretionary Reasons for Discretionary Mitigation);

1. The reason for sentencing under Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of the applicable sentences] : (a) 2 years and 6 months of imprisonment ; (b) 2 years and 15 years [the determination of a sentence] sexual crime group; (c) 13 years or 15 years of indecent act (subject to the age of 13 years or more); and (d) 2 years of indecent act by blood [special mitigation]; (b) where the degree of indecent act is significantly weak; (c) the victim and his parents do not want to be subject to heavy punishment (general mitigation]; (d) 2 years and 3 years of imprisonment with prison labor ; and (e) where a juvenile is a crime committed by blood or juvenile [the scope of recommendation] ; (e) 2 years and 3 years of imprisonment with prison labor; (e) where the exercise of tangible force in positive indecent act is considerably weak (subject to the age of 13 years or more); and (e) the indecent act committed by indecent act.