A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is the father and father of the victim C(15 years of age) who is a relative by marriage of the third degree with the victim.

On August 2, 2014, the Defendant, along with the Defendant’s wife and the victim’s family members, was playing “E pension” located in Chuncheon-si D.

At around 17:00 on the same day, the Defendant committed an indecent act by reporting a victim who was intending to sleep within the “E pension” room with intent to commit an indecent act, and by drinking the victim’s chest by drinking around the victim’s chest, inserting the victim’s chest into the lower part of the victim’s chest, and deceiving the victim’s sexual organ, and by drinking the victim’s finger by a defect left hand that the victim intends to take the Defendant’s hand from taking the Defendant’s hand, making it difficult for the victim to take the victim’s hand out, and committing an indecent act by drinking the victim’s sexual organ with his hand.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of the Acts and subordinate statutes to the victim's joint records and photographs;

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

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; the main sentence of Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 30 years;

2. The range of recommended sentences based on the sentencing guidelines [decision of types] sex crimes, general standards, crimes of indecent act by compulsion (subject to at least 13 years of age), and types 2 (Rape/special rapes, such as rape and residential intrusion, based on relative relations] mitigated factors: