A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인의 의붓딸인 C(지적장애 1급)은 학교에서 후배로 알게 된 피해자 D(여, 17세, 지적장애 1급)을 집으로 데리고 놀러왔다가 피해자가 모친인 E(지적장애 3급)도 불러 다 같이 피고인의 집에서 하룻밤 자게 되었다.

On October 09, 2014, around 0:30 on October 10, 2014, the Defendant forced the victim to commit an indecent act by taking advantage of the victim's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kisk's kis, and the victim's kisk's kis are in a situation where it is difficult for him to resist due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Stenographic records;

1. Inquiries and answers to inquiries;

1. Application of Acts and subordinate statutes to a copy of a welfare card and a psychological evaluation report;

1. Article 6 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly taken into consideration for the defendant).

4. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. The Defendant has no record of criminal punishment for sexual crimes before the instant crime was committed, and the Defendant appears to have committed the instant crime contingent and impulsely, and the social relation is clear, such as the Defendant is living together with his family, and the Defendant has a baby who is a pregnant woman.