A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant was aware of the victim B (a family name, South, 22 years of age, intellectual disability 3) and Eastern.

1. On December 26, 2019, around 15:00 on December 26, 2019, the Defendant, at “D” film theaters located in Seoul Special Metropolitan City, Nowon-gu, a film, was sitting together with the victim to view the film. On his own hand, the victim’s sexual organ was 2-3 times, and the victim’s chest was her chest.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

2. The Defendant: (a) around 15:00 on December 28, 2019, at F Park in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City E, drinked the victim’s sexual organ four times with the victim’s own loss; and (b) carried the victim’s chest.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. A protocol concerning examination of the suspect concerning the defendant's partial statement in court;

1. A written statement under B;

1. A stenographic record, intermediary report, and statement and analysis statement;

1. Welfare cards;

1. Application of a photograph of the case place and a CCTV closure photograph Act and subordinate statutes;

1. Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, and the choice of imprisonment, respectively,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation Orders and

1. An order to disclose or notify an employment restriction order, and exemption from disclosure or notification order: Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse: Children and juveniles.