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

While the Defendant was aware that he was attending a church, such as the victim C (n, 11 years of age) and the omission of the victim, the father of the victim who was standing the victim on January 2012 after divorce with the former wife died on the death of the victim on January 2012, and there was no person to care for the victim, and the victim was able to see the other side of the victim on the pretext of provokinging the victim by breaking the victim's fault.

1. At around 05:00 on March 7, 2012, the Defendant, at the home of the above victim C, who was in Sacheon-si D, used that the victim was locked with the victim, and was not resisted by the victim, was able to commit an indecent act against the victim, and the victim was able to use the victim’s jackets so that the victim’s appearance was revealed, and 30 seconds were used in the victim’s appearance. In short, the Defendant committed indecent act against the victim.

2. At around 05:00 on March 8, 2012, the Defendant committed an indecent act against the victim by putting the victim a locked with the victim at the inside of the above victim C’s house, and putting the victim a locked, using the victim’s clothes, and rhuming the victim’s shoulder, putting the victim’s shoulder back on the victim’s hand, putting the victim’s shoulder back, putting the victim’s hand over, and 40 seconds the Defendant’s sexual organ into the Defendant’s pantyty, thereby committing an indecent act against the victim.

Accordingly, the defendant committed indecent acts on two occasions by taking advantage of the victim C's mental or physical disability or non-performance of the right to resist.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Stenographic records;

1. A copy of a victim;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a written opinion of a child statement and analysis expert);

1. Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is heavier than that of concurrent crimes.