Defendant

A shall be punished by imprisonment for a term of two years and six months.

Defendant

A shall order A to complete a program for the treatment of sexual assault for 40 hours.

Punishment of the crime

Defendant

A is a deader of victim E (at the time, from 32 to 34 years old) who is a class 3 disabled person with intellectual disability.

On January 14, 2003, the victim has been living together with the defendant for about 13 years after marriage with the defendant's children.

1. From the end of 2013 to the beginning of 2014, the Defendant: (a) released the victim who was Mixed TV at his own room in the F of the Chungcheongnam-gun in Chungcheongnam-gun in 2014; (b) laid the victim’s chest into the victim’s own room; and (c) continuously laid the victim’s chest into the victim’s panty; and (d) continued to put the victim’s finger into the victim’s panty with the victim’s panty, and used the victim’s spanty and the two fingers with the victim’s panty, thereby

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability at the same time as his relatives.

2. On a day between January 8, 2016 and January 12, 2016, the Defendant: (a) placed the victim’s breath in his/her home located in Chungcheongnam-gun G, Chungcheongnam-do, by inserting his/her hand into the victim’s home; (b) placed the victim’s chest into the victim’s home; and (c) continued to put the victim’s her hand into the victim’s panty with his/her panty; and (d) continued to put the victim’s hand into the victim’s panty, and used two fingers to stop and check the victim’s fluen.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability at the same time as his relatives.

Summary of Evidence

1. Defendant A’s legal statement

1. Part of the protocol concerning the prosecution of the defendant A and the suspect interrogation protocol of the police;

1. Recording records of the prosecution against E and police stenographic records;

1. Each protocol made by the prosecution with regard to H and I;

1. Statement made by the police with H;

1. Written Statement;

1. Welfare cards, opinions of experts on sexual assault against children and persons with disabilities, reports of assistants to make statements, each family relation certificate, each recording record, criminal investigation report (victim's telephone conversations), psychological evaluation report, disability diagnosis report, response to a request for communications data, application of Acts and subordinate statutes to investigation reports (specific date and time for crime);

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a relative);