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.

Criminal facts

The defendant is the de facto father of the victim D (n, 11 years of age) and has been bringing up the victim from that time on December 27, 2007 after marriage with the father and mother of the victim.

1. 피고인은 2015. 10. 초순경 용인시 처인구 E 아파트 2동 304호에 있는 피고인의 집 안방에서 나이 어린 피해 자가 성적 접촉의 의미에 대하여 정확하게 이해하지 못하고 있을 뿐만 아니라 계 부인 피고인에게 정서적 경제적으로 의존하고 있어 피고인의 행위에 대하여 거절하거나 반항하지 못한다는 점을 이용하여 피해자를 추행하기로 마음먹고 피고 인의 옆에 누운 피해자의 팬티 속으로 손을 넣어 음부를 만지고 피고인의 성기를 꺼 내 피해자의 음부에 비볐으며 피해자의 손을 잡아끌어 피해자로 하여금 피고인의 성기를 손으로 만지게 하였다.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

2. On December 2015, the Defendant, at the home and home of the Defendant, f3 201 dong F3 and 201, accumulated the Defendant with the same method as that set forth in paragraph 1, and met with the Defendant’s panty panty of the victim who viewed television, and met the victim’s sound.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Each police investigation report (the conduct of video recording statements and confirmation of marriage of the suspect);

1. Statement and analysis expert's written opinion;

1. Application of Acts and subordinate statutes concerning a resident registration abstract, certified copy or marriage-related certificate;

1. Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be applicable to the crimes, and the choice of punishment, respectively;

1. The punishment for concurrent crimes is aggravated according to the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes as prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as Fraudulent Means by minors under 13 years of age)].