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

On July 29, 2016, around 01:00, the Defendant discovered that the victim D (one, half, and 44 years old) with intellectual disability 2 residing in the same apartment complex was seated with the victim D (one, half, and 44 years old) with intellectual disability 13 complexes in Ansan-si, Seoul-si, Asan-si, 1302, and that the victim was seated with the victim's chests and buckbucks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. D's statements and stenographic records recorded in video recording CDs;

1. Each investigation report (No. 12, 15 No. 5 of the evidence list);

1. Statement analysis expert opinion on sexual assault cases against children with disabilities;

1. Welfare cards;

1. Application of Acts and subordinate statutes to conduct field photographs and CCTV analysis on the site;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, from among the relevant legal provisions and the choice of a sentence concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. An order for disclosure and notification is exempt from an order for disclosure and notification, and Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 fact that the defendant has no record of being punished for a sex offense, and the facts constituting the crime alone, has a tendency to prevent the defendant from committing a sex offense against many unspecified persons;

In light of the fact that it is difficult to readily conclude, the defendant's mistake is divided, the defendant's age, occupation, family environment, social relationship, etc., the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent the defendant from repeating the crime.

b) appears;