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

Although the Defendant stated in the written indictment of the victim C (V, 22 years old), the Defendant’s mother and the father of the victim are in the form of a “outstanding village” in the instant indictment, the Defendant’s mother and the victim’s father are still in the form of a correction.

is the same.

On August 23, 2016, the Defendant: (a) committed an indecent act against a victim who lockedly d in Sungsan-gu, Sungwon-si, Sungsan-si, and (b) committed an indecent act on the victim’s funeral ceremony within the E funeral hall; and (c) took the side of the victim’s clothes, in which the victim’s fingers into the victim’s clothes, and met the victim’s drinking side; and (d) took the victim’s drinking side.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's blood ties.

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 in Part III of a report on investigation (verification of kinship) and a family relation certificate;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment for a sex offense before, and thus, has a risk of recidivism or recidivism of a sex offense against the defendant;

It is difficult to conclude that the registration of personal information on the defendant and the lecture attendance order can secure the effectiveness of preventing recidivism to a certain extent.

In addition, if the defendant's age, occupation, family environment, social ties, circumstances before and after the crime, etc. are considered, the defendant shall be punished in this case.