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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a relative with the victim C (here, D)'s father and father.

피고인은 2010. 6월 내지 7월경 서울 강서구 E, 105동 501호에 있는 자신의 집에서, 당시 초등학교 4학년이었던 피해자(당시 9 내지 10세)에게 “오줌을 쌌는지 보자”면서 피해자의 팬티 속으로 손을 넣어 피해자의 음부를 손으로 만지는 방법으로 피해자의 의사에 반하여 강제로 추행하였다.

Around March 2014, the Defendant committed an indecent act against the victim’s will by inserting his house to the victim (the 13 years of age at that time) who was the second grade of the middle school at that time, and by inserting his hand into the victim’s inner part, thereby committing an indecent act against the victim’s will.

Accordingly, the defendant committed an indecent act on the victim who is a relative by force twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police speech recording CDs and recording records related to C;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the occupation of indecent act by force around March 2014), Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 201) and Article 298 of the Criminal Act (the occupation of indecent act by force around June 7, 2010)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on March 2014, 201] among concurrent crimes;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The defendant exempted from disclosure and notification orders under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, appears to have caused the instant crime by contingency, and the instant crime is committed between the defendant and the victim.