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

Criminal facts

1. On September 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against Disabled Persons) said that the victim E (the age of 22) with mental disability Grade III, which he/she became aware of, without permission, did not refuse to admit the Defendant to commit indecent act by taking advantage of the fact that the victim E (the age of 22) was aware of, and made the victim under the influence of alcohol, called the victim by telephone, and called the victim as the above multiple course, and then, he/she sawd his/her finger by putting his/her hand into the clothes of the victim, cut off his/her will and panty, cut off his/her finger, and met with his/her hand, and her sexual organ several times by hand.

Accordingly, the defendant used the victim's state of non-opportunchability due to mental disability to force the victim.

2. On June 4, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, Fraudulent Means, etc.) committed by the Defendant, at around 17:00, a male toilet outside the Haan-gun, Hanam-gun, for the victim E (year 22) with mental disorder, to force indecent act by force on the part of the victim with mental disorder. As above, under the influence of alcohol, the Defendant called the victim by telephone, and called the victim to the above toilet, and then, he saw the victim by inserting his hand into the clothes of the victim, putting his chest out his will and pande his panty with his hand, and boomed the victim’s sexual organ several times.

Accordingly, the defendant committed indecent acts by force against the victim with mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement related H;

1. E-statement CDs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a record, analysis of the details of currency, and specific date and time of crime);

1. Article 6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Assault Crimes (amended by Act No. 11088, Nov. 17, 201) and Article 6 of the Criminal Act regarding criminal facts.