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

On March 19, 2014, at around 18:00, the Defendant was asked to clean the house that will be newly removed from C while drinking alcohol at a restaurant operated by C, which is the seat of his wife, and found the house.

피고인은 2014. 3. 19. 19:00경 충남 예산군 D에 있는 C의 집 작은방에서 C의 딸인 피해자 E(여, 9세)와 둘만 있게 된 것을 기화로 피해자를 추행할 마음을 먹고, 입으로 피해자의 입술을 깨물고, 피해자의 바지와 팬티를 벗기고 피해자의 음부에 입을 대고 깨물고, 계속하여 피해자의 상의를 벗겨 피해자의 오른쪽 가슴 젖꼭지를 깨무는 등으로 13세 미만의 아동인 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A police statement made to C, a record of E’s statement, and a victim’s statement recorded CD;

1. C’s statement;

1. Application of Acts and subordinate statutes to a reply to an investigation report (as to the submission of a victim's photograph and his/her opinion), photograph, opinion, country, and a response to a request for appraisal by the Daejeon Science Investigation and Investigation Institute;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 298 of the Criminal Act;

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 repeated in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is no history of sex offense against the Defendant under the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and it is difficult to readily conclude that the Defendant committed the instant crime by contingency. The Defendant is against the offense, and the risk of recidivism of sexual crimes is substantial through taking lectures in the sexual assault therapy.