A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant was aware that he was a victim C(n, 26 years of age) with a intellectual disability-3 in a nearby a residential area, and that he was a person with mental disability who could not properly distinguish between the victim and the victim.

On February 27, 2013, at around 11:00, the Defendant sent the victim to the front road located in Geum-gu, Busan, to drink the victim, and got back the victim to the nearest Fast, and then fasted the coffee, and fasted the victim to the defendant's home.

On February 27, 2013, at around 17:00, the Defendant placed a victim on the bed room of the defendant's house located in the third floor of the Si-gu G-gu Busan Metropolitan City, the Defendant: (a) laid the victim on the bed; (b) laid down the victim at the bed; (c) laid down the victim's bed, "Igna, fin, fat, fat; (d) laid off the victim's bed; and (c) laid off the victim's bed, and laid down

Accordingly, the defendant committed an indecent act against a person with mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording recorded by the police against C;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to copies such as disabled certificates;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Determinations of the type of punishment [the scope of punishment] from six months to fifteen years [the scope of recommendation] under Article 41(1)1 and 41(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Sexual Crimes, general standards, sex crimes against persons with disabilities (at least 13 years of age):