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

The defendant is a person with a disability of grade III, and the victim C (V, 20 years old) is a person with a disability of grade II of intellectual disability (intelligent index 43, social maturity index 41, and the mental delay of middle class Do).

The Defendant became aware of the victim while attending the Gangnam-si General Welfare Center of Persons with Disabilities, and became aware of the victim's mental disability as the victim referring to the Defendant's "third village" and she was able to make a close payment to the victim.

On August 9, 2016, the Defendant was a E restaurant located in Gangseo-si D and 4th floor, and was drinking together with the victim, and around 19:12 of the same day, the Defendant: “I am bad, I am kisk, and kisk one kisk” to the victim at the above location on the same day, “I am bad, I am kisk, I am kisk, I am the victim’s shoulder, while I am under the influence of the victim, and I am under the influence of the victim at around 19:30 on the same day.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the fact that the victim is unable to resist or resist due to mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement recorded in the statement recorded CDs;

1. A internal investigation report (the confirmation of CCTVs in the instant site and the attachment of screen images), and E CCTV CDs in the instant field;

1. Psychological evaluation opinion, copy of each victim's disabled certificate, copy of each victim's disability diagnosis certificate, and application of the relevant statutes to the contract for victim's disability;

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 concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.