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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 21, 2008, the defendant married with C on March 21, 2008, brought up the victim D, who is his or her father.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. From September 1, 2010 to November 21, 2000 of the same year, the Defendant: (a) carried out divings from the Defendant’s dwelling room in the Nam-gu Incheon Metropolitan City, Nam-gu to the Defendant’s dwelling room; and (b) carried the Defendant’s fingers back to the victim D (at the time nine years of age); and (c) carried the Defendant’s chests into the inner clothes.

B. From 06:00 to 09:00 of the day following the first paragraph (a) of this Article, the Defendant got out of the victim’s side who was divingd in the Defendant’s residence room, and was able to have the victim’s breast by inserting his hand into the inner clothes.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the fact that the victim who had kinshipd twice is the state of impossible to resist.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of relatives) committed between 23:00 on December 2, 201 and 01:00 on the following day, the Defendant: (a) came to her chest by inserting her hand into the victim’s lock clothes; (b) came to her chest between 23:00 and 01:00 on the following day.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement-recording CDs;

1. Expert opinion;

1. Application of family relation certificates and certified copies of resident registration Acts and subordinate statutes;

1. Article 5 (3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act, Article 5 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, a sexual crime resulting from the act of indecent act by blood or marriage with the largest crimes falling under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;