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1. The defendant shall be punished by imprisonment for three years;
2.Provided, That the execution of imprisonment shall be postponed for five years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On June 8, 2011, the defendant was decided to transfer juvenile protection cases due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, Injury by Rape, etc.) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the jurisdiction of the
1. Around 2011, the Defendant was aware that the Defendant was unable to properly resist the victim’s body due to the lack of intelligence compared to that of the victim’s C residing in the same net area (nick, 19 years of age, intellectual disability class 2) and the victim’s walk, the horse-bating is divided, and the horse-bating is always punished, and even if he acted differently from the general public, he does not properly resist the victim’s body.
On April 2013, the Defendant committed indecent act against the victim by taking advantage of the victim’s refusal to resist who has physical or mental disability in a way of taking the victim’s chest from the stairs of the first floor of multi-household D located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, 2013.
B. The Defendant, at around 18:10 on the same day, committed an indecent act against the victim in the same manner in the same manner as at the time, at around 18:10 meters, took the victim’s clothes into the toilet of 200 meters off, took off all the clothes of the victim, taken off the victim’s breasts as soon as the victim gets her chest into the part of the victim, taken the victim’s fingers into the part of the sound, and tried to have sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist having physical or mental disability, but the victim attempted to have sexual intercourse with the victim by inserting his/her pan and panty, and inserting his/her sexual organ into the part of the victim.
C. On May 2013, the Defendant 14:00 on the date in the order of May 2013, the Defendant 1: (a) taken the victim frightly in a house located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, into a house gate; and (b) taken the house gate out.