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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as a person operating E offices in Cheongju-si, was aware of the victim’s sexual desire by using the fact that the victim was a person with disabilities of class 3 intellectual disability. The Defendant was aware of the victim’s sexual desire by using the fact that he was a person with disabilities of class 3 of the intellectual disability.

On November 12, 2015, the Defendant discovered the victim on the front side of the above E-mail on November 18, 2015, and drinked the victim with the mind to commit an indecent act by force.

“After having the victim enter the above E E, the victim forced the victim to enter the victim, and forced the victim to commit an indecent act by inserting the victim’s hand into the panty of the victimized person, exposing her part into the victim’s panty, talking her part, talking her part, and talking her chest.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement of the police statement related to G;

1. Afforestation CDs and stenographic records of the victim's statement;

1. Reports on internal investigation (on-site photographs accompanied by a suspect), investigation reports (as to the results of requests for DNA appraisal), and investigation reports (as to the submission of expert opinions);

1. Copies of welfare cards for persons with disabilities;

1. Application of Acts and subordinate statutes to photographs on crime scene;

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. The main sentence of Article 16 (2) and Article 16 (3) 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 disclosure orders and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.