A defendant shall be punished by imprisonment for not less than two years 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 mentally disabled person with mental disability, and the victim C (V, 22 years old) is a mentally disabled person with brain 4 years old.

The Defendant’s “E” located in Kim Jong-si D was admitted to a residential facility for persons with disabilities and became aware of the victims who reside in the facility.

1. On August 29, 2017, the Defendant: (a) around 09:00, at the second floor of the above facility, reported the victim who sited in a show and reported a mobile phone; and (b) sited next to the show, and raids the victim’s am with his/her ambuck with his/her ambuck. The Defendant taken charge of the left buckbucks.

Accordingly, the defendant committed an indecent act against the victim with a mental disability.

2. From 12:00 to 13:00 on the same day as Paragraph 1, the Defendant completed a medical examination with other facility residents and the above departments, and returned to a facility where the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act against the victim with a mental disability.

3. On the 13:30th day of the above 13:30 day as set forth in paragraph 1, the Defendant reported the victim who was frighting at the ward, who was frighting at the show, and was sitting next to the show, and was able to write the victim’s tum with her hand, and was in charge of the left buckbucks.

Accordingly, the defendant committed an indecent act against the victim with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in a video recording or video CD;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes, such as each investigation report (Evidence Nos 2 and 6 of the evidence list), opinions of experts in sexual assault against persons with disabilities, submission of materials for business cooperation, management cards to suspects and victims and counseling services related to this case, and certificates of persons with disabilities of suspects and victims;

1. Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is applicable to the relevant criminal facts and selective punishment.