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

The defendant was the husband of the victim C(M, 14 years old) who was the father of E, the mother of the victim C(M, 14 years old), and was the marital relationship with the victim.

1. On August 27, 201, at around 22:00, the Defendant: (a) 103-dong F105-dong 405, the head of the Defendant’s house, accumulated the Defendant’s chest on the side of the victim (at that time, 11-year-old age), who was divingd in the ward; (b) and (c) kidd the Defendant’s chest, and continuously laid the Defendant’s chest into the brue.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's blood victim's state to resist.

2. 피고인은 2012. 10. 6. 21:00경 처가댁인 대전 서구 G 집 방에서 침대에 누워 잠을 자고 있던 피해자(당시 12세)의 옆에 누워 상의 속으로 손을 집어넣어 피해자의 가슴을 만지고 다리를 쓰다듬었다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's blood victim's state to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 5 (3) and (2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act concerning criminal facts

1. Of concurrent crimes, the aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which was amended on August 27, 201 with heavy penalty];

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

1. The proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) and Article 38-2(1) of the same Act are exempt from disclosure orders and notification orders.