Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was the disabled in the third degree of intellectual disability, and the victim C (V, 19 years old) did not receive disability ratings, but was a intellectual disabled person with overall intelligence 49 points with mental retardation, and the Defendant was aware that the victim was a mental disability of the victim by the statement that he was a intellectual disability of the third degree of disability.
1. In July 2014, the Defendant:
8. At the defendant's house located in Ulsan-gun E with the date of the space, D used games together with the victim and D to engage in other cleaning. D had the mind to commit an indecent act against the non-interested person.
The Defendant: “The Defendant was fluored with a brupted with a brush, followed the victim by his own side; “I are able to see only once under one, but I are able to see”; and the Defendant was fluored with a victim’s own hand on the part of the victim.
이에 피해 자가 피고인의 팔을 잡아 밀치고 D을 부르며 거부하자, 피고인은 피해자에게 “ 조용히 해 라 ”라고 윽박지르고, “ 씨 발년, 미친년” 이라고 욕설을 하며 계속하여 피해자의 옷 위로 음부 부위를 만져 추행하였다.
2. On September 2014, the Defendant committed an indecent act against the victim at the Defendant’s home located in Ulsan-gun, Ulsan-gun, 104 201, Ulsan-gun, with the victim and D, and play together with D, with the victim, committed an indecent act against the victim.
The Defendant, who moved D, regardless of whether he was able to be unlocked, called the victim as "a short-term motor vehicle and kick," and then brought the victim's shoulder to the Defendant at the shoulder of the victim by hand with his hand, with the victim's knife that the victim's knife knife and knife the victim's shoulder, and knife with the victim's left hand.
Accordingly, the injured party's arms were defective, spawned, and continued to spawn it, and spawned with the victim's clothes, and committed indecent acts.
Accordingly, the defendant has a mental disability by force.