A defendant shall be punished by imprisonment for not less than two years and six months.

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 March 4, 2013, the Defendant served as the Secretary General in the Social Welfare Foundation CD, a social welfare foundation CD located in Seongbuk-gun, and the victim E (the age of 34) admitted therein was disabled in communication and personal relationship with intellectual disability Grade 2. The Defendant’s position as the Secretary General led the victim to sexual intercourse and indecent conduct by using the fact that the victim actively resisted against or did not properly express his/her intent.

1. On July 5, 2017, the Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact, etc. of Persons with Disabilities), was moving the victim to the F Office with his/her own vehicle in order to obtain a certified copy of resident registration, was trying to get off the victim’s clothes, which the victim did not refuse to go to the Gelel group Gelel and refuses to leave the victim’s clothes, and inserted the victim’s sexual organ into the part of the victim’s sexual organ. However, the Defendant did not commit an attempted act without having to go through the wind to view the victim’s sexual organ in advance with his/her sexual organ contact.

Accordingly, the defendant tried to have sexual intercourse with a person with mental disability once by force, but did not have attempted to do so.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On November 2016, the Defendant: (a) inducedd the victim to arrange his/her clothes in the instant “D”; and (b) committed an indecent act by making the victim’s kin with his/her own hand.

B. On January 26, 2017, the Defendant committed an indecent act by inserting the Victim into his/her own car and departing from the central expressway H resting place and moving the Victim to I, Daegu-gu, where the mother of the Victim was in his/her mother. From the He/she near the H resting place located in the Gyeongbukbuk-do, the Defendant committed an indecent act by inserting the Victim into his/her hand by inserting his/her hand into the part of the Victim, who was seated in his/her mother.

C. On March 2017, the Defendant, at the boiler room above “D”, was off from the victim’s face while sticking to the victim’s face, and went off from the victim’s seat.