A defendant shall be punished by imprisonment for three years.

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

The defendant knew that the victim D (M, 12 years old) who was playing in the defendant's house was able to drink and became incapable of intellectual ability, and used it to commit indecent act against the victim as follows.

1. 피고인은 2015. 4. 17.경 성남시 수정구 E에 있는 피고인의 집으로 오게 하여 그 곳 1층 방에서 피해자를 방바닥에 눕힌 후 손으로 피해자의 가슴을 만지고, 혀로 피해자의 귀를 핥고, 피해자의 볼에 뽀뽀를 하였다.

2. On May 5, 2015, the Defendant: (a) placed the victim on the top of the underground floor of the above Defendant’s house; (b) laid the victim on the floor of the room; (c) laid the chest on the floor of the room; and (d) continued to put the victim in hand with his/her clothes; and (d) continued to put the victim into the sound part of the victim.

3. On May 7, 2015, the Defendant: (a) laid the victim on the top of the upper upper floor of the above Defendant’s house and fright the victim to drink; (b) laid the victim on the floor of the room; (c) laid the victim on his/her hand, laid down the victim’s body, laid down the Defendant’s sexual organ into the victim’s body; and (d) laid down the Defendant’s sexual organ into the victim’s body.

Accordingly, the defendant committed an indecent act against the victim in a difficult situation due to mental disorder over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the Seoul Integrated Support Center for Victims;

1. A copy of the notice of diagnosis and evaluation results for persons eligible for special education and a copy of counseling date;

1. Written explanation (written opinion on sexual assault against the disabled);

1. Application of the message-related Acts and subordinate statutes sent to and received from a suspect A's mobile phone;

1. Article 6 (4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 299 and 298 of the Criminal Act concerning the punishment for sexual crimes committed;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be the most severe judgment among concurrent crimes;