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 the victim B (here, 2003 birth).

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Quasi-Indecent Act with a minor under the age of 13), the Defendant was able to resist the victim (the 12 years old at the time) in the inside and outside of the residence of Eunpyeong-gu Seoul Metropolitan Government C lending D around February 2015, and the Defendant was able to resist the victim (the 12 years old at the time) by inserting his/her hand in his/her clothes.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-satisfy condition under 13 years of blood interest.

2. 성폭력범죄의 처벌 등에 관한 특례법위반( 친족관계에 의한 준강제 추행), 아동 ㆍ 청소년 의성보호에 관한 법률위반( 준 강제 추행) 피고인은 2016. 가을 경 서울 은평구 E(2 층 )에 있는 친할머니 댁 안방 침대에서 혼자 잠을 자고 있어 항거 불능 상태인 피해자( 당시 13세 )에게 다가가 속옷 안으로 손을 집어넣어 피해자의 음부를 만지고 손으로 피해자의 가슴을 주물렀다.

As a result, the Defendant committed an indecent act against the victim by taking advantage of the victim’s incompetence status, who is a relative child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statement made by the police with respect to F;

1. Application of the Acts and subordinate statutes governing resident registration and family relation certificates by a summary of the case of G as a result of processing a report on stenographic records (the No. 2, 3,6 of the evidence list), investigation report (the evidence list No. 8,9, 14, 15 of the evidence list) and 112 report;

1. Articles 5(3) and 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the pertinent provisions concerning criminal facts; Article 299 of the Criminal Act (a indecent act committed by blood relatives); Article 7(4) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020); Article 299 of the Criminal Act (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the Criminal Act.