A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the mother C of the victim B (a family name, a female, 9 years of age).

1. 피고인은 2019. 11. 8. 22:00 ~ 23:00경 문경시 D건물, E호에 있는 C의 주거지 작은방 내 2층 침대에서 누워 있는 피해자를 잠에 취해 항거불능 상태에 있는 것으로 생각하고 손으로 피해자의 음부를 만지고 혀로 피해자의 음부를 핥았다.

However, while the victim was broken at the time, he was unable to actively resist the defendant's behavior.

2. 피고인은 2019. 12. 7. 22:00 ~ 23:00경 제1항 기재 장소 안방에서 누워 있는 피해자를 잠에 취해 항거불능 상태에 있는 것으로 생각하고 피해자의 옆에 누워 있다가 피고인의 성기를 피해자의 손에 쥐게 하도록 하고, 피해자의 잠옷바지 아래로 손을 넣어 피해자의 음부를 만지고, 피해자의 바지를 내린 뒤 혀로 피해자의 음부를 핥았다.

However, while the victim was broken at the time, he was unable to actively resist the defendant's behavior.

As a result, the defendant tried to commit an indecent act against the victim under the age of 13 by taking advantage of the state of impossibility to resist twice, but did not achieve that intention on the wind that the victim was broken.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (Stenographic record) complaint, and a family relation certificate;

1. Application of Acts and subordinate statutes on statement analysis opinions;

1. Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and Article 7 (4) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor, respectively;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes for crimes of paragraph (2) with a heavier judgment);

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. Suspension of execution;