A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is the relative of the victim B (the family name, the female, the age of 16), and on June 11, 2018, a person who is living alone after divorceed with C who is the mother of the victim.

On June 11, 2020, the Defendant proposed that the victim will play a new role in the office of the defendant between directors. On June 12, 2020, the victim had the victim take accommodation at the office of the defendant in Scheon City D.

피고인은 2020. 6. 13. 23:00경 피해자와 함께 술을 마시고 피해자에게 ‘같이 씻자’라고 수회 말하며 피해자의 티셔츠를 벗기려고 하다가 피해자가 ‘부끄러워요’라고 말하며 거부하자 화장실에서 씻고 나온 후, 침대에 누워있는 피해자에게 ‘벌써 자냐고, 자는거야 ’라고 물었으나 피해자가 두려운 마음에 잠든 척하고 누워있는 것을 보고 피해자가 잠에 취해 항거불능 상태에 있는 것으로 오인하고 피해자의 옆에 누워 피해자의 티셔츠 안으로 손을 넣어 브래지어를 올리고 피해자의 가슴을 주무르고 입으로 가슴을 빤 다음, 피해자의 바지 및 팬티 안으로 손을 넣어 피해자의 음부에 손가락을 약 20회 넣었다

Maderns repeated.

Accordingly, the defendant tried to commit a similar act in which the victim's fingers are placed in the victim's sexual ability to resist, taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Application of the Defendant’s statutory statement E center stenographic records “basic certificate, family relation certificate” and the statute of the Republic of Korea

1. Article 7 (6), (4), and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. An impossible attempt under Articles 27 and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;