A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a male-child who is the mother of the victim B (math, May 2001).

The Defendant stated that, around June 29, 201, at the victim’s residence in Ulsan-gu, Ulsan-gu, C and the third floor, the Defendant left the panty of the victim suffering from the victim who was locked with the victim’s her mother in a funeral hall, leaving the victim temporarily to the funeral hall, and then left the panty of the victim. However, according to the evidence duly adopted and examined by the court, only “the fact that the victim was panty of the victim who was locked by the Defendant,” is recognized as constituting “the fact that the Defendant got out of the panty of the victim who was locked.”

Considering this point, some of the facts charged were appropriately revised to the extent that there is no concern about the disadvantage to the defendant's right of defense.

The victim's sexual intercourse became the victim's sexual intercourse.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical condition of not older than 13 years of age.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Protocol of the police statement concerning B;

1. Stenographic records;

1. Application of the Acts and subordinate statutes governing the video recording of victims;

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act and the choice of imprisonment with labor;

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 (The following consideration shall be made again for the reason of sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, Dec. 18, 2012); Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 1 and Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by April 15, 201), Articles 1 and 4 of the Addenda to the said Act (amended by Act No. 11572, Sep. 15, 201); and the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012).