A defendant shall be punished by imprisonment for seven years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is the mother of the victim as a person in de facto marital relationship D and de facto marital relationship who is the mother of the victim C(n, 14 years of age).

On August 2, 2014, at around 18:30, the Defendant: (a) received a request from 107-No. 304, F apartment house 107-No. 304, which is a residence in Busan, Seo-gu, Busan, to find out the victim in the house and to rape the victim at the house at the time; (b) led the victim’s arms to the inner arms and to be removed from the bed.

피고인이 침대에 누운 피해자의 바지와 팬티를 벗기려 하자, 피해자가 싫다며 손으로 피고인을 밀어내고 발로 피고인의 다리를 찼음에도 피고인은 계속하여 피해자의 바지와 팬티를 벗기고 피해자의 몸 위로 올라가, 피고인을 밀면서 저항하는 피해자의 하체를 누르고, 입으로 피해자의 귀와 음부를 빨고 피해자의 음부에 자신의 성기를 삽입하여 위력으로 아동ㆍ청소년인 피해자를 1회 간음하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement recorded in the statement recorded CDs;

1. Part of the police statement concerning D;

1. Results of verification of voice recording files CDs (Evidence No. 11);

1. Each request for appraisal;

1. A written confirmation of the victim's cell phone photograph or damage counseling;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 21, 24) and each investigation report (Evidence List Nos. 31, 35);

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the crime and Article 7 (5) and (1) of the same Act;

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

1. The crime of this case under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure and notification order, is likely to be disclosed to the general public for perusal of the disclosed and notification information if the personal information of the defendant is disclosed or notified because the defendant is the mother of the victim.