A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant was well aware that D(the age of 30) residing in the same apartment as the Dong Sea was intellectual disability.

On July 23, 2013, the Defendant committed an indecent act, such as making a victim of intellectual disability 2, who was seated in front of the above C apartment 502 guards room, and making it difficult for the victim to make a judgment, and making it impossible for the Defendant to refuse even if the Defendant was in his house, by using the fact that the victim was in front of the guards, 502 Dong 109, the head of the Defendant’s house, and 109 Dong 109, who was the head of the household of the Defendant, and taking the hand in front of the front of the entrance, putting the finger and the chest into the victim’s clothes, making the face and the chest fast, and inserting the finger.

Accordingly, the defendant committed indecent acts by compulsion against a person with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. The victim's statement among the victim's statement video CDs;

1. Certificates of persons with disabilities (D);

1. Application of the statutes on response to requests for appraisal;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend Courses;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Two years and six months to five years (basic area) of imprisonment for a sex offense against persons with disabilities (at least 13 years of age) according to the general standards for the application of the sentencing guidelines.

3. The crime of this case by which the defendant, who lives in adjoining areas, committed indecent acts by compulsion of the victim by taking advantage of the fact that the victim has a intellectual disability, is vulnerable to sexual crimes.