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

Punishment of the crime

The defendant is living together with the victim C (n, 9 years of age) d (n, 68 years of age) with the victim C(n, 68 years of age).

On May 19, 2016, the Defendant, at the above D’s house located in Daejeon Dong-gu, Daejeon on May 21, 2016, reported that the Defendant had the clothes of the victim, etc. with a large amount of holes.

The term “the victim was forced to commit an indecent act against the victim under 13 years of age by inserting both hands in the mouth part and making the victim’s chest into the said hole as rhyth.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to F;

1. C’s statement or stenographic records recorded in video recording CDs;

1. A report on internal investigation (in cases of the victim's mother's internal investigation and history of the commencement of internal investigation);

1. Investigation report (to attach expert opinions to statements in cases of sexual assault against children with disabilities, and to attach reference materials);

1. 112 A list of reported cases;

1. Police seizure records;

1. An expert opinion on a statement in a sexual assault case against a child with disabilities;

1. Application of Chapter Two Acts and subordinate statutes to photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the fact that the defendant has no record of criminal punishment, the defendant's age, family environment, social relationship, the process and consequence of the instant crime, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order, and its possible side effects.