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.

Criminal facts

The defendant is the mother of the victim C (V, 9 years old) and the father of the married victim on April 13, 2017.

On May 21, 2017, at around 00:00, the Defendant exceeded the victim’s room from the victim’s residence located in E, and let the victim take her hand by drawing the victim’s hand, and made the victim commit an indecent act against his/her relative-related person by scambling himself/herself, as he/she committed self-defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Submission of a written accusation for the investigation of school evacuation behavior;

1. The application of Acts and subordinate statutes to report on investigation (the commencement of an investigation, the submission of an accusers, the submission of a summary of the case, the submission of two interviews, the avoidance of victim's statements, the submission of victim's school counseling staff, copies of interview registers, etc. attached to documents, etc. related to marriage to a suspect, the grounds for conducting an investigation without conducting a video recording investigation against a suspect, the submission of expert opinions, the hearing of recorded statements by a victim's guardian, and the preparation and report of records

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of forced indecent conduct by blood);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. Grounds for sentencing under Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Class 3 (Indecent Acts by Forced Sentencing) of the type of sex offense subject to the age of less than 13 on the basis of the sentencing guidelines: Where the degree of prosecution is weak, an aggravated element of punishment not to be punishable: The area of mitigation [the territory of recommendation and the scope of recommendations], the area of mitigation of punishment, two years and six years and five years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and suspension of execution;