A defendant shall be punished by imprisonment for two years.

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

The defendant and the victim C (for example, life, life, age 61) are members of the association of persons with disabilities with hearing disabilities as members of the association of persons with disabilities.

The Defendant, from August 12, 2014 to September 20, 2014, committed an indecent act by force against the victim with physical disability by driving the victim's chest by driving the victim's chest back from the back of the victim himself/herself, when the victim's house located in Chungcheongnam-nam D toward the room to return back and wear clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Stenographic records;

1. Delivery, such as a welfare card, investigation report (Attachment of a victim's video recording CD), investigation report (Submission of a victim's husband's medical treatment confirmation), family relation certificate, etc., and application of Acts and subordinate statutes of a medical treatment

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is unable to achieve the effect of preventing recidivism of sexual crimes through attending a lecture for treatment of sexual assault because it is difficult for a person with a hearing disability

As a result of the verification on the part of the protection observation office, there is no separate sexual assault treatment lecture program for the present hearing disabled.

There are special circumstances in which the defendant is unable to be ordered to attend the course.

[Determination]

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the second proviso to the victim during the process of disclosing or notifying personal information against the Defendant).