A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant, as a person of Grade II intellectual disability, was aware of in the “D” of welfare facilities for the disabled, who were in loyalty with the Victim C (12).

Defendant,

1. At around 19:00 at the end of February 2015, the victim who has taken a bath at the bath of the above welfare facility for the disabled and brought his/her own sexual organ rapidly, and the victim who has taken the head of the victim's sexual organ toward his/her own sexual organ and who is under 13 years of age by inserting the victim's sexual organ into the victim's inner organ towards the victim's sexual organ and committing similar rape;

2. An indecent act committed against the victim under 13 years of age by deceiving the victim's sexual organ with his/her own sexual organ delivered to him/her on his/her own hands at a bathing room located in the morning at around July 1, 2015, in which he/she had been seated, around 13 years of age, in which he/she committed an indecent act;

3. On July 4, 2015, around the same day, at the victim’s living group of welfare facilities for the above disabled person, he/she laid down the victim’s side, and then put the victim’s hand into the victim’s seat, and made an indecent act against the victim under the age of 13 by spreading the victim’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s statement-related Acts and subordinate statutes contained in police recorded CDs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 305 and 297-2 of the Criminal Act (the occupation of similar rapes by minors, the choice of imprisonment), Articles 305 and 298 of the Criminal Act (the occupation of indecent conduct by minors, the choice of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes concerning similar rape of a minor with the largest punishment)

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 Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. A child exempted from an order of disclosure and notification shall be subject to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse [the defendant recognized as recorded in the record];