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

From August 24, 2016, the Defendant worked for daily work at the construction site of the “C”, and was accommodated in the “Felel” operated by the family members of the victim E (V, 55 years old) located in Yangsan City, and was aware of the victim’s mental disorder around that time, the Defendant was willing to commit an indecent act by force against the victim by using it.

At around 15:00 on September 8, 2016, the Defendant reported on the fact that the injured person was rapidly fluencing in the stairs of the third floor of the above telecom, putting the hand in the victim’s clothes, talking the victim’s breast, and continued to talk with the victim’s breast, even though the victim refused to “I mara” and the victim refused to do so, the Defendant her breast was fluenced with the victim’s breast, and the Defendant shicked the chest by her hand.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Statement made by the police for E;

1. Delivery of certificates of persons with disabilities and other relevant documents;

1. Expert opinion;

1. A report on internal investigation (in relation to the victim's Schedule G oral statement);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a report on the result of psychological examination for a victim as a result of such examination), investigation report (a specific place of indecent act enforced);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 disclosure and notification order of registered information may have a significant impact on the defendant. The defendant has no record of punishment for sexual crimes, and the defendant has personal information on the defendant in light of the defendant’s age, occupation, method of crime, object of crime, etc. recognized as having no record of punishment for sexual crimes.