A defendant shall be punished by imprisonment for not more than ten 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

The defendant was a person who was a father of the victim C (V, 33 years old).

On December 10, 2017, the Defendant: (a) around 00:05 on December 10, 2017, around 00:05, up to the E special room 1 located under the Dongdaemun-gu Seoul Metropolitan Government D underground, with the victim’s her own son and her son and her son were used.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of the F Reports on Witnesses, 112 Declarations to the relevant persons);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of the accused; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment; social ties; criminal record and recidivism risk; (c) profits and preventive effects expected from an order to disclose or notify the information; and (d) disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the accused’s personal information;

[Determination]

1. Reasons for sentencing in the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Employment in Institutions, etc. related to juveniles;

1. Imprisonment with prison labor for a prison labor of not more than ten years;

2. Six months to two years from the imprisonment with prison labor for a recommendation on the sentencing criteria (the basic area in terms of general coercion (type 1)).

3. The crime of this case committed for 10 months of imprisonment with prison labor for the decision of sentence, and 2 years of suspended sentence is not likely to have committed an indecent act by force by the Defendant by using her her tock and chest with his her her son.

The Defendant again committed the instant crime even though he/she attempted to quasi-rape the same victim on April 2010 and received a suspended sentence.