A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On January 28, 2017, while the defendant had a child or juvenile who has a intellectual disability (intelligent index 61, social index 67) with the victim C (n, 13 years of age) who was a child or juvenile with the awareness of Gyeongdo, had the victim live in the care center, the defendant got the victim's house located in D at the time of Seosan.

The Defendant, at a small amount of o'clock on the same day, fry the chest of the victim while displaying TV with the victim, frying the chest of the victim by entering the victim, cutting off the victim's fry, refusing to do so, and resisting the victim's fry, and putting his son's finger into the part of the victim's fry.

Therefore, even though the victim knew of the fact that he did not have any specific response, he returned to a small room again because he did not have any specific response, and the defendant, who gets out of his will and shows his sexual organ to the victim in the form of his sexual organ, and was off from the victim's will who did not refuse to do so and resisted against him.

As a result, the Defendant committed an indecent act against the victim who is a child or juvenile with mental disorder with his/her friendship by assaulting or threatening the victim to put his/her fingers into his/her fingers by assaulting or threatening him/her.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Police statements made to C and recorded CDs and records;

1. Statement made by the police in relation to E and F;

1. To apply internal investigation reports (the first reporter's telephone content), expert opinion, family relation certificate, field photograph, disability diagnosis report, psychological assessment report, medical treatment records, investigation report (the record of the sound recording file submitted by the guidance teacher E) and CD-related Acts and subordinate statutes;

1. Article 7(2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a similar rape against a child or juvenile), Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime of forced indecent conduct by blood) and Article 6(2)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person with disabilities) concerning criminal facts (a person with disabilities).