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

Punishment of the crime

The defendant is the child of the victim B (n, 15 years of age).

피고인은 2018. 3. 날짜를 알 수 없는 날 19:00경 대전 서구 C 주택에 있는 피고인의 방에서, 피고인의 가슴과 등에 대상포진 약을 발라주는 피해자를 보고 피해자에게 “찌찌 좀 만지자. 할아버지가 손녀 가슴을 만지는 게 뭐 어떠냐.”라고 말하면서 양손으로 피해자의 양쪽 가슴을 주물러 만진 것을 비롯하여 위 일시경부터 2019. 3. 12.경까지 별지 범죄일람표 기재와 같이 총 4회에 걸쳐 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation reports (victims' telephone conversations, D statements, E statements by witnesses, F telephone conversations by witnesses, investigations by the victim's father, G telephone conversations by reference witnesses), reports on the results of reporting and counseling, and the application of a certified copy of resident registration Acts and subordinate statutes;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts in Relatives of Relatives)

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;

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 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The exemption from disclosure order and notification order is due to the age, occupation, risk of recidivism, type and motive of the instant crime, process, relationship between the Defendant and the victim, and disclosure and notification order of the accused under 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;