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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, in the name of “D” in Sejong City, is a person operating a secondhand Award, and the victim E (n, 43 years of age, 43 years of age) was judged as having a second degree of intellectual disability on October 21, 2015, but the victim of the third degree of intellectual disability was determined as having a second degree of intellectual disability at the time of the instant crime.
A person who has become aware of the defendant while selling it on the above top by leading the person with a disability.
On July 2015, the Defendant: (a) around July 2015, the Defendant: (b) allowed the victim, who has been living in D, to leave the kitchen; and (c) sparing the victim behind the victim who is living in D, and then, (d) said the victim’s refusal to do so.
Despite the fact that he kept his fingers into a pursuant to the pursuant to the pursuant to the provisions of the Act, he was in charge of the breasts by inserting them into the pursuant to the provisions of the Act on the Protection, Protection, etc. of Victims and the Protection, etc. of Victims and the Protection, etc. of Victims.
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
Summary of Evidence
1. Statement by the defendant in court;
1. A stenographic record, each victim video-recording CD (No. 22, 30) and a transcript;
1. A written opinion of experts and experts on sexual assault cases against children with disabilities;
1. Application of Acts and subordinate statutes to copies of victim welfare cards;
1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, criminal record, family environment, social relationship, the background and content of the instant crime, and the disclosure order of the instant case.