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 mainly resides in the Young-gu, Jin-si, Jinju, where he lives in the apartment like Pyeongtaek-si, and the defendant knew that the victim D (Woo 29 years old, intellectual disability 3 level) who lives in the apartment is divided into more than the general public, the sexual concept is insufficient, and the male will give money or drink by taking advantage of the characteristics that he is unable to go at the end of his mother. The defendant knew that he is sexually active in gathering the victim.

피고인은 2014. 여름 오전 경 위 C아파트 101동 1207호에 있는 피고인의 주거지에서 아파트 주민인 E로부터 피해자를 잠시 맡아달라는 부탁을 받고 피해자와 단둘이 있게 된 상황을 기화로, 피해자와 함께 침대에 앉아서 수박을 먹으면서 피해자에게 “니 뽀뽀한번 하자.”며 갑자기 입술을 피해자의 입에 갖다 대고 혓바닥을 내밀어 강제로 키스를 하였다.

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 made in D in the video CD;

1. Application of Acts and subordinate statutes to written opinions of experts on sexual assault against children and disabled persons;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. As to the crimes subject to registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.