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

From 197 to 197, the defendant was a disabled person with a disability of the sixth degree, and the victim C (the female, the 35 years old) was a disabled person with a intellectual disability of the third degree. The defendant was well aware that the defendant was a disabled person with a disability of falling intellectual ability of the victim.

피고인은 2015. 11. 10. 18:24경 위 102동 엘리베이터 내에서 피해자를 뒤따라 엘리베이터를 탄 후 자신이 사는 3층에서 내리지 않고 계속 올라가던 중 9층에서 다른 사람들이 모두 내려 12층에서 내리는 피해자와 단 둘이 있게 된 것을 기화로, '맥주 먹으면 안 되나, 사귀고 싶다'고 말을 걸어 피해자가 경계하는 표정으로 쳐다보자, 갑자기 오른손으로 피해자의 왼쪽 엉덩이를 몇 차례 톡톡 치듯 만지고, 머리를 쓰다듬듯이 만진 후 12층에서 엘리베이터가 멈춰 피해자가 내리려 하자 피해자의 등을 쓰다듬으며 따라 내렸다.

As such, the Defendant committed an indecent act against the victim by taking advantage of his difficulty in resisting due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes to the criminal place, internal investigation report, each photograph, expert opinion of a child with disabilities, a disabled person's certificate, and each investigation report (Evidence List 2, 15, 22, 26);

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 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. Special cases where the defendant under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the order to attend a lecture is unable to impose an order to attend a lecture considering the very poor condition, such as the fact that he/she is scheduled to undergo the current cancer operation.