A defendant shall be punished by imprisonment for two years.

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 and the victim B (the age of 48) are residents living in the same apartment house, and the victim is the disabled in the second degree of intellectual disability.

From June 2018, the Defendant was aware of the fact that the victim was suffering from mental disability.

At around 20:00 on August 29, 2018, the Defendant reported that the victim and the adjoining party E of the victim of the victim are sitting in the victim's side. On the other hand, the Defendant saw that the victim and the victim are sitting in the victim's side, and, against the victim's will, he saw that "I want to move about how much he or she is flick," and that he or she flicked the victim's left chest by hand.

The Defendant continued to run as the victim, and the above E, with the G nearby G in the Dong-gu of Daejeon, brought a family stuff leaves to the G, which is against the victim's will, and the victim's left chest was flicked.

Since then, the defendant returned to a tree in the above D-dong hole together with the victim and the above E, and was seated by the victim's own hand against the victim's will.

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

Summary of Evidence

1. Legal statement of the witness H;

1. Partial statement of witness B and E;

1. A video CD or stenographic record made by the victim;

1. Application of Acts and subordinate statutes to the 112 reported case handling lists, replies for cooperation in investigation (certificates of persons with disabilities), photographs of places of occurrence, statement analysis opinions, investigation reports by the prosecution;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant criminal facts, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and lecture

1. An order of disclosure, notification and notification; and