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 is a person with intellectual disability Grade C who works in C, and the victim Category D (n, 31 years of age) is a person with intellectual disability Grade II who works in the same workplace as the defendant.

On February 3, 2013, around 12:35, 2013, the Defendant asked the home of the Defendant at the location of the workplace E apartment 3 206 Dong-gu, Cheongju-si, Cheongju, and followed the victim by sending back a house to meet other workplace rent.

At around 13:20 of the same day, the Defendant: (a) laid the victim from the stairs of the above E apartment 3rd floor; (b) laid the victim into the inner part of the victim; (c) laid the part of the victim into the inner part of the victim; and (d) laid down the victim’s body by force of the defendant even though the part of the part of the defendant was sealed by his hand, and prevented the victim from resisting by assaulting the victim’s body by pushing the victim’s body; and (d) committed an indecent act by force by placing the victim’s body in the part of the victim’s inner part of the part.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Protocol stenographic records;

1. Application of Acts and subordinate statutes on certificates of disability;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;

1. Sentencing Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.