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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 2014, the Defendant was aware of the fact that the Victim F (the age of 18) was a child with a disability of class 3 with a intellectual disability, and was aware of the fact that the victim F (the age of 18) was a child with a disability of class 3 with a disability, and was willing to have sexual intercourse with the victim by using the fact that the victim is a person with a intellectual disability and lacks the ability to discern things or make
around 16:00 on February 7, 2015, the Defendant met the victim in front of H located in Jung-gu Seoul Metropolitan Government G, and entered the victim’s mutual influenite with his trade name in the vicinity, and made sexual intercourse once by putting off the victim’s clothes by using facts that the victim was intellectually disabled and lacks the ability to discern things or make decisions, and by inserting his sexual organ into the sound part of the victim.
Accordingly, the defendant has sexual intercourse with disabled children.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to the stenographic records, each request for appraisal, each response to request for appraisal, gene appraisal, each written opinion of experts in sexual assault against persons with disabilities, each recording, and each internal report or investigation report (No. 2, 11, 14, 19, 20 of the evidence list);
1. Article 8 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Child under the relevant Act on criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, previous convictions, and the risk of re-offending, which are recognized as recorded (no such type of force)]; (b) the benefits and preventive effects expected by the disclosure order or notification order of this case; and (c) any disadvantages and side effects therefrom, the Defendant’s personal information shall not be disclosed and notified.