A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is the wife of D, who is the child of the victim C (n, 87 years of age), and the victim is a dead money with the victim.

The victim is a person with a disability of grade 5, who is unable to move due to a high-level operation.

On August 27, 2014, at around 09:00, the Defendant directed the victim’s room located in Sejong Special Self-Governing City E with the “influencies” and rendered a decoration to the victim himself/herself. On the ground that the victim was a “influencies”, the Defendant laid down a bridge before the victim who was unfluentd influence and scened his/her sexual organ, and contacted his/her body with the victim’s bridge.

Accordingly, the defendant committed indecent acts against the victim by using the victim's physical disability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of F, C, and G;

1. A copy of the welfare card [the defendant did not have the intention to commit an indecent act while recognizing objective facts, so it cannot be deemed that he did not have the awareness or intent to commit an indecent act, even if based on the assertion, it cannot be said that he did not have any awareness or intent to commit an indecent act. In addition, considering the criminal facts as stated in the judgment by the evidence above, the criminal intent of indecent act is sufficiently recognized in light of the following factors: the defendant's act, victim's content, circumstances at the time of

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

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 (Discretionary Reasons for Discretionary Mitigation);

1. The defendant who has registered personal information under Article 62-2(1) of the Criminal Act, the main text of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is convicted of the criminal facts indicated in the judgment, and the special case concerning the punishment, etc.