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

On August 19, 2012, at the defendant's house located in Ulsan-gu, Ulsan-gu, Seoul-gu, around 15:00 on August 19, 2012, the defendant knew that the victim D (the age of 35) allowed the victim to use toilets, and found the defendant's house, and the victim was disabled in the first degree of intellectual disability 1, with the victim's awareness that the ability to discern right and the ability to express opinion is significantly weak compared to the general public, and used it in order to commit an indecent act against the victim by using it, and the victim's chest was frightened by his hand.

Accordingly, the defendant used the victim's state of non-opportunchability due to mental disability to force the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements;

1. Each report on investigation;

1. Application of the video CD-related Acts and subordinate statutes;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Article 62 (1) of the Criminal Act (Resumed Arm's length in favor of the following)

1. The reason for sentencing under Articles 37(1)1 and 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Public Disclosure and Notification Orders [the scope of punishment] The reason for sentencing from 1 year and 6 months [the decision of punishment] , general standards , sex offenses against the disabled (at least 13 years old), sex offenses against the disabled (at least 13 years old), 2 types ] : Non-special mitigation factors - General Mitigation factors: Imprisonment [the scope of recommendation] - Major commitment factors - [the scope of general mitigation] 1 year and 6 months to 3 years from 3 years from 1 year and 3 years from 1 year and 6 years (limited to suspended sentence] - Major commitment factors against the crime committed by the victim who is vulnerable to the crime - There is no previous one or more criminal convictions, the defendant's age [the decision of suspended sentence] , and each of the above sentencing factors and the meaning of this case committed by the offender.