A defendant shall be punished by imprisonment for not less than one year and six months.

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

In around around 2013, the Defendant: (a) divided the victim C(n, 45 years of age) with the victim C(s) of intellectual disability 3 before the Defendant was unable to resist or resist due to intellectual and mental disability; and (b) was aware that the victim was in a state of difficulty in resisting or resisting due to a intellectual and mental disability, the Defendant used it to commit an indecent act against the victim.

1. Around June 2013, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disability, such as the victim’s chest and fluencing of the victim’s clothes, and the victim’s chest and flucing of his/her sexual organ in his/her sexual organ with his/her sexual organ, and thus, he/she committed an indecent act against the victim by taking advantage of the victim’s difficulty in resisting or resisting the victim.

2. Around August 2013, the Defendant committed an indecent act against the victim on the ground that the victim was unable to resist or resist due to mental disability, such as cutting off the victim’s clothes, drinking her chest and drinking her part, etc. at the same place as the above paragraph (1).

3. On January 2015, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disability, such as having the victim’s chest take charge of the victim’s breast with his/her finger, and drinking with his/her son, etc., in a state of difficulty in resisting or resisting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. The police statement concerning the victim C's husband, not the F' C', meaning the victim C's husband

1. A report on psychological evaluation;

1. Application of the legislation in its opinion;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, and Article 298 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (in the case of concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (1) of the same Article which is the most severe judgment)

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;