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

From February 2015, the Defendant is a person operating the phrase “D” store in Seo-gu Incheon, Seo-gu, Incheon, and the victim E (the victim 14 years old) was a disabled person of class 3 with intellectual disability and visited the above language store.

On June 23, 2016, the Defendant: (a) around 18:30 on June 23, 2016, at the above language point, tried to commit an indecent act against the victim by using the fact that the victim was intellectually disabled; and (b) was involved in the victim’s chests from the behind that of the victim who was seated with the object to the victim’s own hand.

Accordingly, the defendant committed an indecent act against the victim with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of victim's statement - The victim's field forest;

1. A report on internal investigation (to-face in charge of victims), and a report on internal investigation (related to site visits and opinions of the victim's mother);

1. A copy of the counseling log for victims and a certificate of school violence;

1. An expert opinion on sexual assault against a child or disabled person;

1. Application of statutes to a copy of a certificate of disabled persons or a copy of a certificate of disability;

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

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. Article 62-2 (1) of the Criminal Act, Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant recognized the crime of this case and reflects his/her mistake, the defendant has no record of punishment for a sexual crime, and other profits and prevention expected by the defendant's age, occupation, family environment, social relationship, disclosure and notification order.