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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around September 2013, the Defendant, at the Diplomatic Association in Jinjin-gun, Jinjin-gun, the Defendant, following the victim E (n, 27 years of age) with mental disorder 2, changed the left hand in the future into the part of the victim’s chest.
Accordingly, the defendant committed an indecent act against the victim with mental disability by force.
2. Around October 2013, the Defendant committed an indecent act against the victim by taking the chest of the said victim with a mental disorder as above in the foregoing manner at the above place.
Accordingly, the defendant committed an indecent act against the victim with mental disability by force.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. One statement recording record and one video CD in the victim's statement;
1. Application of Acts and subordinate statutes to certificates of persons with disabilities and medical certificates of each disability;
1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Criminal Act and the Selection of Punishment, etc.;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the fact that the Defendant was a person with a disability in the third degree of brain disease, without a criminal record, and that the Defendant did not repeat the instant crime against himself/herself. In addition, the degree of disadvantage suffered by the Defendant due to the motive and method of the instant