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 who operates phrases with the trade name "D" in Pyeongtaek-si C, and the victim E (V, 13 years old) is a disabled child of class III with intellectual disability.

On June 15, 2013, from around 13:30 to 18:00 on June 15, 2013 to about 18:00, the Defendant committed an indecent act against the victim by discovering and drinking the victim with the goods within the above phrase, and rhumbbbs with the victim’s hand and raids the victim’s paper and bucks with the victim’s hand. Accordingly, the Defendant’s hand back the victim to the front door of the entrance door leading the Defendant’s house to the Defendant’s house, put the victim’s hand into the bottom and left the chest.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's difficulty in resisting the victim with mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes, recording records, recording and reporting, and letter of complaint;

1. Certificate of the disabled;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency

Reasons for sentencing

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (determination of types) sex offenses and persons with disabilities shall be 13 years old;