A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On October 24, 2018, the Defendant became aware of the victim C (one another, another, and 21 years of age) of intellectual disability 3 through a video-recording pole “B” (around October 24, 2018).

1. Around October 25, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts against Persons with Disabilities, Fraudulent Means, etc.) requested the victim to promptly bring his or her sexual organ into the Defendant at the home of the victim, who is located in the D apartment E of Busan B apartment-gu, Busan, and his or her will with the victim, and demanded the victim to promptly bring his or her sexual organ into the Defendant. However, the victim rejected the request.

Therefore, the defendant was frighten and frightened to the victim, and the victim was frighten so that the victim can quickly frighten the defendant's sexual organ over several times, and the victim was frightened to enter the victim so that the victim can quickly fright the defendant's sexual organ.

Accordingly, the defendant committed an indecent act by force against the disabled victim.

2. On October 25, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) committed an indecent act by reporting a victim who was playing games at the victim’s home, such as paragraph (1), and was willing to commit an indecent act by force on October 25, 2018.

Accordingly, the defendant, who was enjoying the victim, knife the victim's hand, knife the victim's hand by strong force to suppress the resistance, and forced the victim's will and panty to leave, and led the victim's sexual organ by hand.

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Statement analysis expert's written opinion;

1. Investigation Report (as to the seizure of Voluntarily Produced Articles):

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes to a written confirmation of an investigation;

1. The provisions of Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and Article 6(6) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, concerning the punishment of sexual crimes.