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 was residing in the same apartment building as the victim C (the family name, the female, the age of 24, the intellectual disability class 2).

On January 6, 2018, the Defendant: (a) around 21:24, the Defendant: (b) in the elevator of the D apartment unit D, Chungcheongnam-gun, Chungcheongnamyang-gun, Chungcheongnam-do; and (c) whether the Defendant “(s)

male-friendly Gu;

Some Doz.

”라고 묻고, 피해자가 엘리베이터에서 내리려는 순간 손을 피해 자의 가슴 가까이 갖다 댔다가 가슴을 만지고, 손에 낀 목장갑을 벗은 후 피해자의 잠바 속으로 손을 집어넣으며 피해자를 끌고 엘리베이터에서 내려 비상계단으로 이동한 후, 손으로 피해자의 가슴, 엉덩이, 음부를 만지며 “ 남자친구가 만져 주니까 좋지 ”라고 말하였다.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Disability cards, etc.;

1. Application of relevant photographs (CCTV video images), CD-related Acts and subordinate statutes;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for a sex crime before committing the instant crime, and the Defendant’s recidivism is also conducted only by registering personal information of the Defendant and attending a sexual assault treatment program.