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 working for a facility management office at the D secondary school located in Chungcheong-gun C, Chungcheongnam-gun, and the victim E (V, 14 years old) is a student selected as a person eligible for special education due to intellectual disability and placed in the special class of the above school.

1. On July 28, 2017, at around 11:30, the Defendant: (a) placed a portable gas bag upon the request of a son for practical training in the warehouse of the above school; (b) put the victim into a gas bag; and (c) thereafter, her son and her son were her son and her son were her son with the two arms and her son.

2. On July 28, 2017, at around 11:35, the Defendant: (a) provided the Defendant with butane gas to put in a portable gas bag upon his/her request by the producer for practical training within the above school administration room; (b) provided the victim with butane gas; (c) brought the victim with his/her own arms, and (d) brought the victim with his/her hand.

Accordingly, the defendant committed an indecent act on the part of the victim with intellectual disability on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records, accompanying documents, notices of results of the diagnosis and evaluation of persons eligible for special education, opinions of experts in sexual assault cases against intellectual disabled persons, and data to determine persons eligible for intellectual

1. Two copies of a statement recording CDs, CCTV images CDs, and two photographs by capturing CCTV images;

1. Application of Acts and subordinate statutes to each internal investigation report (Evidence Nos. 2, 6, 9, 10, 12) and each investigation report (Evidence List Nos. 15, 19, 21 through 23);

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (2) of the same Article which has heavier criminal status];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):