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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

On May 14, 2009, the E HospitalF measured the Defendant’s overall I Q (Intelligent Index) 27 and Q (Social Compatibility Index) 41.06 and determined as Grade 1 intellectual disability (the degree of five years of age, eight years of age, and the degree of age). On December 23, 2013, the E HospitalF measured the victim’s overall I Q (Intelligent Index) 42 as of December 23, 2013, as a result of the victim’s psychological inspection conducted by the E HospitalF on December 14, 2009, the victim’s whole I Q (Intelligent Index) measuring the victim’s whole I Q (Intelligent Index) (as of seven to eight years of age) with the victim’s intellectual disability, and the Cheongju-si, the facility for protecting persons with disabilities, which is the facility for protecting persons with disabilities in the development of Ku-gu, Nowon-gu.

On March 2, 2018, between 17:00 to 18:00, the Defendant opened a toilet with the victim's shower, and led the victim to resist by force despite the victim's refusal, and put the victim's sexual flag into the victim's port and continued shower, and put the victim's sexual flag into the part of the second victim's port.

Accordingly, the defendant put his sexual organ into the victim's resistance by assault or intimidation against a person with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by a victim C contained in a video recording CD;

1. Application of Acts and subordinate statutes to each certificate of persons with disabilities, each certificate of diagnosis of each disability, field photographs, and counseling services;

1. Article 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Aggravation of concurrent crimes by concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [In addition to concurrent crimes by concurrent crimes against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed in the protection of a victim with more severe criminal standing];

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that it is favorable below):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. An order to disclose or notify; and