A defendant shall be punished by imprisonment for three years.

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

Criminal facts

On November 30, 2012, between 09:00 and 09:56, the Defendant was aware of the Dong and lake of the apartment that the victim had been aware of the flat face in Gwangju-gu, by approaching the victim D (class 29 years old, intellectual disability 3) who had been aware of the flat face.

At around 10:00 on the same day, the Defendant was found as the house of the victim of the North apartment in Gwangju-gu, Gwangju-gu, and her drinking together with the victim. From that to 13:13 to that of the victim, the Defendant allowed the victim to be off and lying the clothes of the victim, and met the chest part of the victim himself/herself, and continued to talk with the victim's chest and negative part, even though the victim refused to do so by his/her hand, and her fingerd with the victim's sound part.

As a result, the defendant put his fingers into the victim's sexual organ with mental disorder by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. The prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes on certified welfare card copies;

1. Article 6 (2) 2 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) against criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, 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, etc., the Defendant cannot be deemed to pose a risk of recommitting sexual crimes, and the personal information is personal in full view of all other circumstances.