A defendant shall be punished by imprisonment for two years.

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

1. On September 8, 2015, the Defendant: (a) before the D terminal located in Jinju-si, Jinju-si around 22:20 on September 8, 2015, the Defendant: (b) found the victim E (at 17 years old); (c) determined that the victim’s horse was a person with a disability falling short of normal conditions in light of the victim’s speech and conversation; and (d) induced the victim to commit an indecent act by inducing the victim’s home to commit an indecent act; and (b) led the victim to the Defendant’s house 207m of Jinju-si apartment at the place where approximately 10 meters away from the above place.

Accordingly, the defendant has induced the victim to commit an indecent act.

2. On September 8, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act against persons with disabilities) committed an act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the home of the Defendant, F apartment No. 207, Jinju-si, 2015, called “E with the above victim who has a mental disability of Grade II intellectual disability,” “i.e., I want to leave the victim in the future, kid the chest, and tried to raise the victim.”

Accordingly, the defendant committed an indecent act against the victim with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Each police statement made with respect to G and H;

1. Investigation report (as to the attachment of a list to deal with 112 reported cases);

1. Copies of the certificate for disabled persons;

1. Application of Acts and subordinate statutes to field photographs, satellite photographing field maps, and CCTV photographs of a D terminal;

1. Relevant provisions of the Criminal Act and Article 288 (1) of the Criminal Act concerning criminal facts, the choice of punishment, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (the point of coercion of persons with disabilities, the choice of imprisonment with labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated to the extent that the total sum of the long-term punishments of the crimes specified in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment is added];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).