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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 a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is the operator of the “D Company” company in Daejeon Dong-gu, Daejeon, and the victim E (the age of 35) was the disabled person of Grade III with intellectual disability, and was in the accounting position of the said company from August 9, 2017 to August 10, 2017.
The Defendant, who is a victim of intellectual disability third degree of disability, did not have judgment ability, responded to his horses, and took advantage of the position of president, was aware that the victim cannot easily resist, and was willing to commit an indecent act or sexual intercourse with the victim.
1. From around 17:00 to around 19:00 on August 9, 2017, the Defendant committed an indecent act against the victim by force on the part of the victim, on the ground that the victim’s first seal, from around 17:0 to around 19:00, stated that the victim “hicked, cut off against the first eye,” kids in the above D Company’s office, “hicked into hand, knicked into the clothes,” and that the victim “hicked the sexual flag.” However, the victim “hicked the victim’s refusal to do” and caused the victim’s hand to go against the Defendant’s sexual organ, thereby committing an indecent act by force.
2. On August 10, 2017, the Defendant was subject to indecent conduct on the first day of work, such as the foregoing No. 1, around August 10, 2017, and the victim, who was severely with a intellectual disability, was forced to lose his work place that became difficult for him to do, saying, “The victim shall be replaced by the Defendant’s vehicle,” and said, the victim shall be sent to the Defendant’s house, and the victim shall be taken off from 13:10 to 14:40 on the following day, from 13:10 to 14:40 on the following day, the victim was sexual intercourse with the Defendant by inserting the Defendant’s sexual organ into the victim’s sexual organ.
3. From August 10, 2017 to around 15:04, the Defendant violated the Road Traffic Act (unlicensed Driving) is in the D Company located in Daejeon Dong-gu Daejeon-gu, Daejeon-gu, without a motor vehicle driver’s license.