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A defendant shall be punished by imprisonment for three years.
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.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by relatives);
A. On June 2015, the Defendant: (a) 303 of the Asan City Building C, and (b) Dok-si’s Dok-si’s 303, the Defendant reported the victim D (the age of 17) who is a dependent of the Defendant, who was divingd by the Defendant; (c) took the victim’s walk back to the victim; and (d) took the chest out of the jackets in which the victim suffered.
B. On June 2015, the Defendant: (a) reported the victim under diving and had the victim feel her desire to do so at the lower court’s residence; (b) and (c) recorded the victim’s hand in the panty with panty.
Accordingly, the Defendant committed an indecent act against a relative related person by taking advantage of his mental and physical loss or her impossibility of resistance twice.
2. On July 4, 2015, the Defendant violated the Act on the Protection of Children’s Juveniles from Sexual Abuse (quasi-voluntary indecent act) around 01:00 to 04:00, around 303 of the above C building, the victim E (the 18-year old age) of the victim D was divingd from the bed, and the victim E (the 18-year age old age) was locked at the bed side of the bed against the bed, and the Defendant was able to feel heep, she was able to put his hand in the bed by the lock in which the victim was put into the bed, and her breast was humd by putting his hand into the bed and her panty in the bed.
Accordingly, the defendant committed an indecent act against a child or juvenile by using mental or physical loss or incompetence condition.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a tape recording file);
1. Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which shall be applicable to the facts constituting an offense, as well as the selection of punishment, Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of committing an indecent act committed by a juvenile quasi-incompetent, the choice of imprisonment, etc.);
1. The punishment provided for in the former part of Article 37 of the Criminal Act and Article 38(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Haman on June 2015, which is the most severe punishment and punishment.