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 three years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant live in an apartment complex, such as the victim C (n, 63 years old), who is a person with a intellectual disability 3, and became aware of it.

The defendant around 10:45 on August 21, 2017, around 10:0, around 10:00, the defendant met the part of the victim's chest within the elevator of 909-dong, Seoul Special Metropolitan City, Nowon-gu's apartment house, and the part of the victim's chest was met with the victim who was out of the damage, and continued to meet the victim's chest.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The statement and stenographic records of a victim recorded in a video CD in the victim's video recording;

1. Application of statutes on images of on-site CCTV storage CDs;

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 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an Order to Attend;

1. One year and six months to fifteen years from the date of imprisonment within the applicable range of punishment;

2. One year and six months through three years (the mitigated area because a victim is not guilty) of imprisonment with prison labor for the scope of punishment according to the sentencing guidelines;

3. The crime of this case, one year and six months of imprisonment with prison labor for the decision of sentence, and three years of suspended execution, is likely to be highly poor as the crime of this case, where the defendant, in the sealed space, the apartment elevator elevator, the chest of the victim with intellectual disability 3, resistance to the heater, and the elevator door is resistanceed by the victim, and the escape was driven by the victim, and the victim was forced to commit an indecent act by force.

A victim of intellectually disabled who is the weak who should be protected socially has caused considerable mental shock and sexual humiliation in this case.

Therefore, there is a need for strict punishment corresponding to the defendant.

However, the defendant seems to have led to the confession and reflect of the crime of this case.