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

1. On June 14:43, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of the disabled) caused the victim E (in female, 50 years of age) who is a disabled person of Grade II with intellectual disability in D located in Gangnam-gu Seoul Metropolitan Government, by inducing the victim to go up with his/her son and son, leading the victim to a G located in the F in Gangnam-gu Seoul Metropolitan Government, and caused the victim to go up with his/her son and go up with his/her son while drinking with the victim. On June 7, 2015.

Accordingly, the defendant committed an indecent act against the victim by using the victim's difficulty in resisting due to mental disability.

2. On June 15, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (quasi-similar act with disabilities) committed an indecent act against the victim by force in G in Seoul, Gangnam-gu, Seoul, as referred to in the foregoing paragraph (1), in G, the Defendant placed the victim’s sexual organ into the victim’s entrance by making the victim take his/her sexual organ as his/her hand, and inserting him/her into the victim’s sexual organ as soon as possible.

As a result, the defendant put his sexual organ into the mouth of the victim by taking advantage of the victim's difficulty in resisting due to mental disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Making and reporting stenographic records or recording records;

1. Two copies recording the statement of the victim;

1. A written statement prepared by H;

1. An intermediary's report and an expert's opinion on sexual assault against persons with disabilities;

1. Requests for each appraisal;

1. Determination as to the assertion of the defendant and his defense counsel as to each investigation report (attached to the defendant's photograph omitted and CCTV inside D)

1. The gist of the assertion was that the Defendant had no one-off relationship with the victim prior to committing the instant crime, and the Defendant was unable to recognize the fact that he had a intellectual disability by drinking alcohol at the time.

Therefore, the defendant is the victim.