A defendant shall be punished by imprisonment for two years.

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 is the relationship with D, the mother of the victim C (13 years of age, women).

1. On September 1, 2012, around 20:10 on September 1, 2012, the Defendant: (a) made the victim’s house located in Sinung-si E with a view to leaving the victim math; (b) made the victim math from the bed to the bed to the bed to the bed to the bed; and (c) committed an indecent act by force against the victim, who is a juvenile.

2. 피고인은 2012. 9. 2. 02:00경 피해자의 위 집에서, 피해자의 모인 위 D와 술을 마시고 피해자와 함께 안방에서 잠을 자던 중 침대 위에서 잠을 자고 있던 피해자의 가슴을 손으로 만지고 입술에 키스를 한 후 피해자의 손을 잡아 자신의 성기에 갖다 댔으나 피해자가 이를 거부하며 손을 뿌리치자 피해자의 입에 피고인의 성기를 넣고 앞, 뒤로 움직여 강제로 피해자의 구강 내부에 성기를 넣는 방법으로 청소년인 피해자에게 유사성행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 7 (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the points of engaging in similarity to children and juveniles) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which has heavier punishment);

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. The main sentence of Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;