A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a disabled person of Grade II with intellectual disability, and the victim B (the life expectancy, the age of 20) is a disabled person of Grade I with intellectual disability who lives in the welfare facility for the disabled in Gangnam-si C, and is in common with each other, and the victim is a person who is at the age of 31 and 3.18 of the entire intelligence, and is in need of protection of others for one life because it is considerably difficult for the victim to adapt to daily life and social life.

On March 18, 2018, the above welfare facilities for the disabled allowed visitors to participate in religious activities at the "Escopic" conference located in Gangnam-si. The defendant, who visited the above Escopic conference for religious activities around 12:30 on March 18, 2018, participated in the club programs conducted by the church, after completing the worship and occupation awareness at the above Escopic conference, refers to the victim as a toilet, and the victim's hand is going back, and the toilet door was closed after going to the male toilet manual on the first floor of the above church, and the victim was unable to discern things or make decisions due to the intellectual disorder, even though the victim expressed his intention of refusal to reject, the victim was able to walk the victim's secret with his hand, kiscing the chest, kis, and kis the victim's hand, and kn's hand into the victim's hand, and kn's hand and kn't k and k's hand.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's mental disability such as failing to resist or failing to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Two stenographic CDs recorded by the victim, and stenographic records of the victim's statement;

1. One copy of the interview process with the victim and reference witness, video CDs, and three copies of the record;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities, such as copies of medical certificates of persons with disabilities, copies of written determination on grade of persons with disabilities,

1. Relevant Article on the facts constituting an offense and the punishment, etc. of a sexual crime selected;