A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On December 11, 2015, the Seoul Southern District Court sentenced the Defendant to suspend the sentence of a fine of KRW 10 million for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act by force against a minor under the age of 13) at the Seoul Southern District Court on April 1, 2016. The judgment became final and conclusive on April 1, 2016. On July 13, 2017, the same court was sentenced to two years of a suspended sentence of imprisonment for 4 months for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at a concentrated place) and became final and conclusive on July 21, 2017.

[2] The Defendant: (a) was a person with intellectual disability 1, who lacks the ability to discern things or make decisions; (b) discovered the victim D (20 years of age, intellectual disability 3 level) who is going to work in front of Gangseo-gu Seoul Metropolitan Government on the road around March 8, 2017, and led the victim to a parking lot located in Gangseo-gu, Seoul.

The Defendant, at that place, committed an indecent act by force against the victim, such as booming the victim’s sexual organ against the victim, kiding him/her into the victim’s chest, cutting his/her panty and panty, cutting his/her sexual organ into the victim’s resistance.

[Facts of the ground for attachment order] The defendant should be subject to protection observation while suspending the execution of the sentence. It is necessary to attach an electronic tracking device to confirm the compliance period during the protection observation period for a certain period of time.

Summary of Evidence

1. Statement by the defendant in court;

1. Afforestation stenographic records and statement recorded CDs made by the victim D;

1. Statement assistant report, statement and analysis opinion on sexual assault against children and persons with disabilities, and response to each request for appraisal;

1. On-site photographs, suspect photographs, video CDs;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Attachment of criminal records of the same kind as the suspect), and each;