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

A victim C (V, 55 years old) is a person with a physical disability of class 4 in speech disorder, and the defendant is a neighbor who resides in an apartment building such as the victim.

On March 3, 2017, the Defendant committed an indecent act against the victim, who was enjoying from the inside of the victim's house located in Gangseo-gu Seoul Metropolitan Government D Apartment at 502 Dong 108 on March 1, 2017, with the mind that the victim would be forced to commit an indecent act against the victim, and the victim was able to sit in the victim's side and she was able to fright back to the victim, and the victim was her chestd with both her own hand

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of C and E;

1. A certificate for persons with disabilities;

1. Photographs of the scene of the case;

1. C's statement stenographic records and statement and analysis by sexual violence experts against children and persons with disabilities;

1. Report on investigation (Attachment of an analysis of statements by experts in sexual assault against children and disabled persons), investigation report (Attachment of photographs at the victim's residence - Place of crime) and the application of statutes;

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

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) proviso to 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 the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, the risk of repeating a crime that appears in his/her criminal record, and other benefits and preventive effects expected by the order to disclose or notify the instant case, as well as those expected by the order to disclose or notify the case.