Defendant shall be punished by imprisonment for a term of 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.

Criminal facts

The defendant is a person with intellectual disability in the third degree of disability. The victim is a person with mental disability in the third degree of disability. The victim is a person with mental disability in the third degree of disability.

On September 21, 2018, the Defendant drinked with several people, such as victims, etc., from a factory site located in the Geum-gu Busan Metropolitan Government on September 21, 2018. On the same day, the Defendant continued to drink with the victim under Cnb D near the factory site at around 23:00.

On the following day, the defendant was living together with the victim who was living in the bed at the bed of the A.M., as the victim was in charge of the victim's chest by his own son's hand.

Accordingly, the defendant committed an indecent act on the part of the victim who is a mentally handicapped person.

Summary of Evidence

1. Defendant's legal statement;

1. B's statement recorded in the video CD (including the victim's on-site recording);

1. A report on occurrence (No. 2 No. 1);

1. The report on internal investigation (No. 4 times in order);

1. Each investigation report (No. 3, 7, 22, 25, 27 No. 1)

1. Application of Acts and subordinate statutes to each photograph, certificate of disabled person, etc., intermediary report, statement and analysis opinion;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The entry of a criminal defendant due to an order for disclosure or notification, the age and social ties of the criminal defendant, records and motive of the criminal act, the method and consequence of the criminal act, and the order for disclosure or notification, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure or notification.