A defendant shall be punished by imprisonment for two years.

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

Criminal facts

The Defendant, by force as follows, committed an indecent act against the Victim C (Inn, 40 years of age, and class 3 of intellectual disability) with mental disability.

1. Around 18:00 as of October 2012, the Defendant phoneed the victim and sent the victim to the parking lot of the building south-gu in Gwangju metropolitan area, where he paid the victim by saying, “I am out of the locked.”

In addition, the Defendant putting his hand into the part of the clothes of the victim, kids the chest of the victim, kids the victim, kids the finger into the part of the victim, and kids the part of the victim.

2. On November 201, 2012, at around 18:00 of the day, the Defendant called the victim to put the victim out, and then laid the victim out with the above parking lot, putting the hand into the part of the victim’s clothes, booming the victim’s chest and booming the victim’s fingers into the part of the part of the victim’s clothes, and booming the victim’s fingers into the part.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording notes and police statement of C;

1. Written opinion on sexual assault against the disabled;

1. Application of statutes on site photographs;

1. Article 6 of the relevant Act and Article 6 (6) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes around November 2012, whichever the penalty is heavier] among concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The main sentence of Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012)

1. In light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., the Defendant is the Defendant’s favorable circumstance that is considered as