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

Punishment of the crime

The Defendant is a person who is in a de facto marital relationship with B (n, 59 years of age, hereinafter referred to as “B”), and the victim C (hereinafter referred to as “victim”) is a woman in a de facto marital relationship with B.

피고인은 2019. 8. 7. 05:00경 인천 남동구 D건물 호에 있는 피고인의 주거지 내 안방에서 잠을 자고 있는 피해자를 보고 순간 욕정을 느껴 피해자의 치마를 허리까지 올리고 하의 속옷을 입고 있는 상태의 피해자의 음부 부위를 혀로 핥았다.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's state of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Preparation and report in writing, investigation report (verification of whether a person is recognized as a de facto marital relationship between a suspect and B), and the application of statutes;

1. Article 5 (5), (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 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 made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restrictions Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; and it is difficult to readily conclude that the Defendant has any risk of re-offending sexual crimes due to the lack of any past history of punishment.