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

3.

At around 17:30 on May 9, 2014, the Defendant: (a) stated that the victim D (the disabled, 36 years of age) with intellectual disability 1st degree that he was seated adjacent to the guards' office of the c apartment complex 3rd in Ansan-gu, Ansan-si; (b) stated that the victim was inside the defendant's house located in the above apartment 322 402 dong 322 dong 402; (c) stated that the victim was off her clothes and panty; and (d) stated that the victim was "be off her clothes," and that the victim was "be on her part," and that the victim was placed on her part of the body of the victim, but the Defendant attempted to put his sexual flag on the part of the victim's body into the part of the victim, but did not come out of her gender.

Accordingly, the defendant tried to have sexual intercourse with the victim by using the victim in a situation where it is difficult for him to resist due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of witness E and F;

3. Stenographic records of D.

4. Copies of the disabled certificate;

5. A written opinion of an expert on sexual assault case against children with disabilities;

6. Application of each statute of photograph;

1. Article 15 and Article 6 (4) and (1) of the Criminal Act on Special Cases Concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes Aggravated Punishment (Optional to Imprisonment with prison labor);

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

6. 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 order of registered information, the Defendant appears to have committed the instant crime with impulsely under the influence of drinking alcohol by the Defendant under 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, and the commission of the instant crime is committed against the attempted crime, and the victim and his father after the crime.