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

The victim C(one, half, 51) is a disabled person of the second grade of the delay disability, and the victim D(one, half, and 24) is a disabled person of the first grade of the intellectual disability, and the victims are women.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) discovered a victim who is married in front of the house of the victim D in Chungcheongnam Nam-gu, Chungcheongnam-do on May 19, 2015, and tried by indecent act by force on his/her hand by force.

Accordingly, the defendant committed an indecent act by force against the victim with intellectual disability.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature with disabilities) at the same time and place as Paragraph (1) above, and put the victim C, who discovered that the Defendant was off of D’s load and forced by compulsion, as seen above, was frightened to the wall to prevent the victim C, who was unable to resist due to the son, and the victim who was unable to resist due to the delayed disability, into the wall. The Defendant carried the victim’s chest by hand, and continued to talk with the victim’s pantyty, and added the victim’s finger by hand to the part of the female.

As a result, the defendant forced the victim's sexual intercourse during his physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (D), stenographic records (C);

1. A copy of each welfare card of D and C, and a certificate of disability diagnosis of D;

1. Application of Acts and subordinate statutes, such as written opinions and written reports (C/C photographs);

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of similarity with the disabled);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;