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 a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who resides in Sejong-si C Apartment 802, and the victim D(the age of 31) is a person who resides in an apartment complex like the defendant and has a disability of class 2 and class 6 with delayed transformation disability.

The victim was 140 cm due to physical disability, and if the victim was 44 years old and 11.75 years old due to mental disability, it was easy for anyone who suffered damage to be the disabled.

Defendant

In addition, the victim was aware of the fact that the victim is a disabled person because there are several forms of the victim in the Pyeongtaek complex.

On May 12, 2017, the Defendant, around 21:05, posted the victim's face in the above apartment house 802 elevator, with double hand, and forced kis.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the protocol of examination of the witness with regard to D;

1. Each investigation report (in relation to attachment of CCTV photographs, etc. with C apartment 802, accompanied by a copy of the victim's obligation record), the application of statutes on certificates of persons with disabilities;

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. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 against Order to attend a lecture or community service order;

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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the order to disclose or notify personal information may have a significant impact on the defendant;