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

On September 15, 2009, the Defendant reported the marriage with the father-child D of the victim C (V, 13 years of age) on September 15, 2009, and adopted the victim as a child-friendly adoption on May 9, 201 after the family court's judgment.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by relatives);

A. On August 2017, the Defendant committed an indecent act against a relative-related person by using a state of mental and physical loss or impossibility of resistance by taking a hand into the victim’s inner part, which was accumulated by the Defendant’s dwelling room located in Nam-gu Busan, Nam-gu, Busan, a large scale of the Defendant’s residence.

B. On August 2017, the Defendant committed an indecent act against a relative related person by taking advantage of a physical and mental loss or an impossible state of resistance at the location described in Paragraph A above, and by taking advantage of the victim’s broding hand by taking advantage of the victim’s brode’s brode by taking advantage of the victim’s broding at hand.

2. 성폭력범죄의 처벌 등에 관한 특례법위반( 친족관계에 의한 강제 추행) 피고인은 2017. 12. 31. 오후 경 피고인의 주거지에서, 용돈을 주겠다는 명목으로 피해자에게 뽀뽀를 해 달라고 하면서 갑자기 양손으로 피해자의 머리를 잡은 채 피고인의 입술을 피해자의 입술에 포갠 다음 빨아들이듯이 입맞춤을 하여 친족 관계인 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of C’s written statements and those of C’s statements;

1. Application of statutes governing the resident registration, family relation certificate, marriage relation certificate, full adoption relation certificate, and full adoption;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, Article 299 of the Criminal Act, and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of compulsory indecent act by blood);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.