A defendant shall be punished by imprisonment for three years.

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

Defendant (class 2 of intellectual disability) is between victim C(24 tax and intellectual disability 2) and friendship.

around 22:00 on the wintered date, the Defendant forced the victim to move into the toilet change column of the Seoul Special Metropolitan City, Nowon-gu D's building.

When he does not comply with his request, he written an appearance as if he would inflict any danger and injury, laid the toilet door and prevented the victim from resisting against his face, and inserted the Defendant's sexual organ into the mouth of the victim.

Accordingly, the defendant committed an act of inserting sexual organ inside the mouth by assault or intimidation against a person with a physical or mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of the Acts and subordinate statutes on the site photographs of toilets for Nowon's "D Building"

1. Article 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of various circumstances, such as the background of the instant crime, Defendant’s age, sex, social ties, criminal records (no history of sexual crimes), the risk of recidivism, the disclosure order and the effect of prevention of interests expected by the disclosure order and the notification order, disadvantages and side effects, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article

[Judgment] Grounds for sentencing

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of the recommended sentence: Imprisonment for a period of two years to six months (the injured party is not punishable.).