A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

From 1984 to 1984, the Defendant was aware of the victims D (n, 62 years of age) who are neighbors in the East-west C Village, and was aware that the victims were forced to commit indecent act by force due to intellectual disorder around February 10, 2014.

At around 14:00-15:00 on April 7, 2014, the Defendant reported the victims who are sitting in front of the Gyeongnam-gun E (Seoul) in order to force indecent acts by taking advantage of the victim’s mental disability, and sit in the victim’s side by drinking the victim’s resistance because of the victim’s mental disability, and then, the victim “before e.g., the high water dispute means that it is so late, put his hand into the victim’s inner part, putting his finger into the victim’s inner part, and put his hand into the rubber line.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Domestic investigation reports (limited to attachment of expert opinions on sexual assault cases against children with disabilities);

1. Investigation report (Attachment of Certificate of Disabled Persons);

1. Application of statutes governing stenographic records;

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (where it is difficult to expect the effect of preventing recidivism of sexual crimes by attending a lecture in light of the defendant's intellectual ability, behavior and attitude in this court, etc., it is deemed that the defendant is unable to impose an order to attend a lecture on him/her, in special circumstances where he/she is unable to do so);

1. An order of disclosure and notification;