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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.
Reasons
Punishment of the crime
The Defendant was a person who worked as an assistant in activities from “D” located in substantial Gu Section C in Cheongju-si, and the victim E (the age of 23) is a disabled person of Grade III with intellectual disability.
1. Whether the Defendant, at around 10:00 on March 13, 2017, was committing a crime in a counseling room in D’s fee counseling room for the first time, who was seated in the table, “I wish to drink.”
After making a statement, “I am to drink”, “I am to drink drinking water with this money,” and talk with the victim, “I am to drink if I want to drink.”
“The victim shall have a chapter 1 on the 5,000 won title, and shall continue to be out of the counseling room for the same person, and the victim shall be deducted from the victim’s life.
In stating that “the victim shall take charge of the victim’s ship and chest,” and “I am.”
The phrase “the victim’s head was written and rheeped with the victim’s view.”
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
2. On March 13, 2017, the Defendant committed a crime at the victim’s home, mentioning that the victimized person informed other employees in the Center of his/her actions such as the Defendant’s 1 that he/she had been in the morning on the same day, at the victim’s house located in the Cheongju-si U.S. F. F.M. on March 13, 2017, and explaining the Defendant’s actions, “whether it is an indecent act against sexuality.”
The term "the victim is taking charge of the victim's ship and chest, write and rh the victim's head, and be faced with the victim's view."
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
Summary of Evidence
1. Partial statement of the defendant;
1. Victim E-recording CDs;
1. Application of statutes governing certificates of persons with disabilities;
1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;
1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code for the aggravation of concurrent crimes.