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

The Defendant is a person with a intellectual disability III who lives together with a victim B (n, 50 years of age, mental retardation disability 1), victim C (n, 48 years of age, mental retardation disability 1) and a person with a disability in a residential facility for persons with disabilities.

1. At around 13:00 on March 17, 2019, the Defendant committed indecent act by compulsion against the victim B: (a) on the victim’s bridge where the victim was seated in a restaurant by taking advantage of the victim’s state of resistance to resist due to mental disorder; (b) the victim’s body was frightened; (c) the victim’s chest was frightened; (d) the victim’s chest was under the influence of entering the restaurant; and (e) the victim’s chest and fright was forced to commit indecent act by force.

2. The Defendant committed indecent act by compulsion against the victim C by force by taking advantage of the victim’s condition of failing to resist due to mental disorder at the time and place indicated in paragraph (1), and committed indecent act against the victim by force by taking the victim’s grandchildren.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Registers of counseling (B) and counseling records (C);

1. Application of Acts and subordinate statutes to the certificate of a person with a disability (B), a certificate of a mentally handicapped person (B), a certificate of a person with a disability (C), and a certificate of a disability (C);

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;

1. The defendants under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture shall be the persons with intellectual disabilities of Grade III;