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

At around 08:00 on April 3, 2014, the Defendant found at the house of the victim D (n, 61 years of age) with intellectual disability 2 in Gangnamyang-gun C, Gangwonyang-gun, and sought to stop the victim who had worked before the house. However, the victim refused to do so, the victim was able to boom the victim by her hand over the pushed floor, her chest by her hand, and her chest was taken one time in charge of the victim's chest by her hand, and her finger was included into the victim's part.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made in D in the video CD;

1. An expert opinion on sexual assault against the disabled;

1. Each report on investigation;

1. A copy of a certificate of disabled persons, a copy of a determination on disability ratings, and a disability diagnosis report;

1. Application of statutes on photographs of damage;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing):

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure or notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s violation of the instant crime; the risk of recidivism of sexual crimes through taking lectures in the sexual assault treatment curriculum is likely to have decreased considerably to the extent of the recidivism; and taking account of the Defendant’s age, family relationship, environment, etc., the disadvantage suffered by the Defendant compared to the effect of the prevention of sexual crimes that may be achieved by the disclosure or notification order