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

The defendant, as a person with a disability of the second degree of intellectual disability, was in a state with weak ability to discern things or make decisions.

The defendant is a dong line of the victim C (the level of intellectual disability Grade II as 37 with South, the 12 years of age, the name, and the total intelligence index at the time), who is a disabled person, and the victim was fully aware of the fact that the victim was first aware of in the education program for disabled students, and that there was a disability to the victim.

1. From around August 8, 2016, the Defendant: (a) sent the victim at the location of his/her own residence, DBD 202, during the period from BJ 2016 to BJ 2016; (b) sent the victim a visit; and (c) sent the victim a door to “Iging Ha,” and then put the victim’s sexual organ into the victim’s resistance, even though the victim refused to do so.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

2. In 2016, the Defendant closed the door of the rooftop, which was opened after being opened by the victim on the E-B lending rooftop located in the Silung-si in Silung-si, and then posted the victim’s sexual organ to the victim “I must know” but, although the victim “I must know”, the Defendant exceeded the victim’s will and panty, and put the victim’s sexual organ into the victim’s resistance.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of a record of the content of video recording of the prosecution for victims;

1. Stenographic records of police with regard to C (tentative name);

1. A statement analysis opinion, written opinion, written consultation, and written report on the results of consultation with the F;

1. A certificate of disabled persons and a report on the diagnosis and assessment of persons eligible for special education;

1. Reporting on investigation (determination of the degree of victim disability) and the application of Acts and subordinate statutes concerning investigation reports;

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Articles 10(2) and 10(1) of the Criminal Act, which are statutory mitigation.