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

At around 16:30 on March 2, 2012, the Defendant committed an indecent act by force against a victim with mental disability, such as having a desire to take a television, such as having a female’s bridge and chest, due to his/her hand, who was sexually disabled, at his/her own house of Ansan-si, Ansan-si, 102, and with mental retardation disorder 2, known to him/her, such as the victim D (in cases of 40 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by E;

1. The application of records, welfare cards for persons with disabilities, each investigation report (general), investigation report (case D) and expert opinions of experts in sexual assault cases against children or persons with disabilities to statutes;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2), Article 16 (3) and (8) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Reasons for sentencing under Article 41 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to notify is issued;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to fifteen years;

2. Where the degree of an indecent act is weak (the scope of recommending punishment): Imprisonment with prison labor for a year and six months to three years; 2. Where the degree of an indecent act is weak among the types of sexual crime groups, general standards, and sex offenses against persons with disabilities (at least 13 years of age): Punishment of a crime;

3. The crime of this case by which the criminal defendant committed a indecent act by force against a victim who has a mental retardation disorder, is committed against the victim who is vulnerable to the crime, or the nature and circumstances of the crime are very heavy in light of the method and contents of the crime, and is not agreed with the victim.