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.

Punishment of the crime

Defendant

In addition, from April 2014, the victim of the attachment order requested (hereinafter referred to as the "defendant") was aware of the fact that the victim E (hereinafter referred to as the "victim") who worked for street cleaners in the "D subway Station" located in Yangsan-si, was unable to take a normal accident due to intellectual disability Grade 2 (not less than Grade 5 to 6) and did not sufficiently understand the meaning of sexual behavior and did not deal with it by refusal, etc., and sentenced the victim to commit an indecent act.

1. 피고인은 2014. 5. 8. 16:20경 D 지하철역 1층 남자화장실 3번 변기에서, 피해자가 변기 주변의 쓰레기를 수거하기 위하여 그곳에 들어가는 것을 보고 따라 들어가 문을 잠그고는 문 앞에 서서 오른손 검지를 자신의 입에 갖다 대며 “쉿, 조용히 해라”라고 겁을 주어 피해자의 상의와 속옷을 벗겨 손으로 피해자의 가슴을 만지고 입으로 빨고, 피해자로 하여금 피고인의 성기를 손으로 만지게 하고, 손가락으로 피해자의 음부를 만지는 등 정신적인 장애로 항거불능 또는 항거곤란의 상태에 있음을 이용하여 피해자를 추행하였다.

2. At around 16:20 on May 13, 2014, the Defendant committed an indecent act against the victim by taking advantage of his or her mental disability, such as spiting the victim’s chest on his or her fingers, raising the victim’s chests into his or her fingers, raising the victim’s booms with his or her fingers as soon as he or she saw, and continuing to reject the victim’s brins as “non-brine” in his or her fingers, thereby making it difficult for the victim to resist or resisting.

3. At around 16:20 on May 14, 2014, the Defendant committed an indecent act against the victim by taking advantage of his mental disability, such as having the victim’s chests and fluorries in the above manner, and having the victim’s chests in a state of difficulty in resisting or resisting.

4. The Defendant around 16:20 on May 16, 2014, at the same time and in the foregoing manner.