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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Victim C (A. 36 years of age) is a person with mental disability who is between 3 and 7 years of age with I Q 35 and 49 as a grade 2 of intellectual disability.

On December 25, 2014, at around 11:05, the Defendant: (a) reported that the victim thrown away waste at 54-10,00, a 140-gil-ro, Seosung-gu, Daejeon Pungdong, and (b) brought the victim into the left side of the victim; (c) kis on the right face; and (d) kis on both chests of the victim by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused (first time);

1. Stenographic records;

1. Certificates of persons with disabilities (C);

1. The Defendant, in the written opinion of experts in sexual assault cases against children with disabilities, denies part of the crime by asserting that: (a) although the Defendant was sparing the victim’s body behind the victim’s body, he was under the influence of alcohol; and (b) whether the victim was kisced against the victim’s kis.

However, the following facts are acknowledged based on the above evidence, i.e., ① although the victim is a person with intellectual disability, there was a clear and detailed statement that there was a physical contact as stated in the facts constituting a crime in the judgment of the investigative agency, ② the investigation of the victim was immediately conducted on the day of the instant case, ② the victim's son reported to the investigative agency immediately after the witnessing the damage damage of this case. The above D stated in the investigative agency that the victim was aware of the victim's loss at the time of the investigation agency that the victim became aware of the victim's loss, ③ there was no motive for the victim to make a false or exaggerated statement, and the expert of sexual violence against children with disabilities also presented his opinion that the credibility of the victim's statement is recognized.