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

After the Defendant became aware of the victim B (n, 47 years old) children with physical disability in the third degree of disability and SNS hosting, around February 2016, the Defendant had been living in the residence of the victim B (n, 47 years old) in Daegu Seo-gu, Daegu, and had been staying in the room.

On February 2, 2016, the Defendant: (a) around February 2016, at the victim’s residence room, followed by the victim being cooked, brought about the victim himself/herself; and (b) included both descendants among the victim’s winters, and limited the victim’s chest for about 10 seconds.

Accordingly, the defendant forcedly committed an indecent act on a person with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Each police statement concerning D;

1. Stenographic records or video CD;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and certificates of disability;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018; Act No. 15452, Sep. 14, 2018);

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 Article 49(1) 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 is difficult to readily conclude that a defendant has a risk of recidivism or recidivism of sexual assault since he/she has no record of being punished as a crime of sexual assault, in light of the defendant’s b