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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.
Reasons
Punishment of the crime
The defendant is a village resident who lives in the next house of C who was temporarily residing by the victim B (the family name, the female, the age of 58) in order to assist the work, and the victim is a class 1 disability of hearing and language.
On June 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force of the disabled) in C’s vinyl D located at the end of P.M. M. M., the Defendant opened a vinyl in C’s greenhouse. The Defendant saw the Defendant as abnormal, humply humpedly hump, and hump hump hump hump hump hump hump hump
Accordingly, the defendant committed an indecent act against his will against the victim with a physical disability.
B. After violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (U.S. Similar to Disabled Persons), the Defendant entered the victim who was smoking in the vicinity of the community hall near the defendant's residence located in M.M. E at the end of June 2019 into the above defendant's residence, put the victim's chest into the victim's clothes, take the victim's chest into the victim's clothes, take the victim's chest promptly, put the hand into the victim's part, and put the hand into the part of the victim's drinking.
As a result, the defendant puts his fingers into the sexual flag of the victim with a physical disability.
Summary of Evidence
1. Defendant's legal statement;
1. Application of laws and regulations on the statement statement to police officers with a video CD (Evidence No. 2-1, No. 251), CD No. 1 CD (Evidence No. 2-2, No. 60)
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Indecent acts by compulsion of the disabled: Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
(b) Similar act with disabled persons: Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty (the punishment shall be imposed as provided for in