A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On 04:30, the Defendant, who was living together at the house of the Defendant located in Daegu Seo-gu, Seo-gu, 2009, entered the room of the Victim D (Inn, nine years of age). The Defendant, who was living together in the room of the Victim D (Inn, nine years of age), included his hand into the inside of the victim, and committed the chest of the victim.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Legal statement of witness E;

1. Existing and video recorded CDs against the victim;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7(3) and (2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; before the enactment of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; then amended by Act No. 10258, Apr. 15, 2010); Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 28, 2012); however, the statutory penalty shall be 15 years of imprisonment prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; the choice of limited imprisonment)

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. Judgment on the assertion by the Defendant and his/her defense counsel under Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the defendant did not have sexual contact with the victim, and the victim was merely sexual contact with the victim at the second grade of the elementary school at the time of the instant case, and the victim stated excessively detailed about a case that was only once more than four years prior to the date of the instant case, and the content of the statement also does not fit the type of residence of the family at the time, and thus, does not have credibility in the statement of the victim. Even if there was the same day as the instant crime, the defendant is aware of the crime under the influence of alcohol.