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.

Punishment of the crime

On July 29, 2020, at around 21:30, the Defendant confirmed that there was mental disorder, such as memory, recognition, and mental capacity of the victim D (n, 85 years of age) in the family of the victim D (n, n, a dementia patient) in Gwangju City, and confirmed that there was no other mental disorder than the Defendant and the victim inside the house, and the Defendant was able to have the victim take the hand of the victim and have the victim take the sexual organ back and have the victim take the sexual organ out of the sexual organ.

The defendant continued to refuse the victim's refusal, bringing the victim's sexual organ on the part of the victim's face and the victim's face, and expressed his intention of refusal by pushing the victim's head and bringing the defendant's sexual organ toward the victim's face, bringing the victim's sexual organ toward the victim's face, forced the victim to put the victim's sexual organ on the victim's floor, and put the victim's sexual organ on the part of the victim's body and the victim's sexual organ on the part of the victim's body into the victim's entrance. However, due to the victim's resistance, the defendant did not put the victim's sexual organ into the victim's drafting and attempted to do so.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement statement, case CCTV images, CCTV images to be investigated (CCTV image analysis), investigation report (whether the victim was unable to resist or resist), investigation report (whether the victim was in a state of difficulty in resisting or resisting the CCTV image analysis), and investigation report (CCTV’s image improvement report).

1. Articles 15 and 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 16(2) and the main sentence of Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes under Article 62(1) of the Criminal Act, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Suspension of Execution