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A defendant shall be punished by imprisonment for three years.
However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant married with Vietnamese women, but was married to raise their children in around 2012, and was raising their children, around July 22, 2014, around 22:00, and around July 22, 2014, in the Defendant’s dwelling plan in Chungcheongnam-gun C, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant was able to write his hand over his panty in the victim’s panty.
The Defendant, from that time until February 13, 2016, committed an indecent act on seven occasions, such as the list Nos. 1 to 6 and 10 of the list of crimes committed by blood related persons.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. The statement made by the victim in D in video recording CDs;
1. A report on internal investigation (including accompanying documents of the victim);
1. Application of the written opinion of experts on sexual assault cases against children or persons with disabilities, and statutes governing family relation certificates;
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes No. 4 with the largest offense];
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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 [no criminal record recognized in the records (no criminal record of the defendant) and the risk of recidivism, and other orders to disclose or disclose this case.