A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Basic Facts

The defendant is the father of the victim D(M, July 2003, 200), who is a cadastral disability-3, born between the spouse with a cadastral disability-2 and C.

Criminal facts

1. On April 2013, the Defendant committed a crime at around 05:30 on April 2013, the Defendant committed an indecent act against a minor under the age of 13, who is a minor under the age of 13 by taking advantage of the victim’s condition where the Defendant and the victim (the age of 9 at that time) in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon and his family members are unable to resist because of his age and intellectual ability between the Defendant and his/her diving, and by taking advantage of the victim’s condition where he/she is unable to resist due to lack of intellectual ability.

2. On September 2014, around 16:40 on September 1, 2014, the Defendant committed an indecent act against a minor under the age of 13, who is a minor under the age of 13 by putting him/her into the panty, putting him/her on the floor, lying him/her on his/her floor, setting him/her under the age of 11 (the age of 11 at that time) and putting him/her into the panty, making it impossible for him/her to resist due to low intellectual ability, and putting him/her into the panty, and making it impossible for him/her to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the effect that the defendant has taken the victim's sexual organ among the statement statement prepared by the judicial police assistant with C;

1. Stenographic records (victims);

1. Welfare cards for persons with disabilities;

1. Application of Acts and subordinate statutes to written opinions of experts on sexual assault against children and disabled persons;

1. Article 5(3) and (2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012); Article 299 of the Criminal Act (a quasi-indecent act by blood or marriage by blood or marriage under paragraph (1)), Article 6(4) and (3) of the same Act, Article 299 of the Criminal Act (a quasi-indecent act by blood or marriage against a disabled person under paragraph (1) of the same Article), Article 7(4) and (3) of the same Act, Article 299 of the Criminal Act (a quasi-indecent act by blood or marriage against a minor under the age of 13).