A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant was the disabled of the second degree of intellectual disability, and the victim C(23) was the disabled of the first degree of self-pulmonary disability, and was living together in the D’s “D” supporting house, which is a welfare facility for the disabled.

1. On January 8, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against persons with disabilities) around January 22 and 00, around January 8, 2017, the Defendant reported the appearance of the victim under the F 301 room, a supporting house located in Yangcheon-gu Seoul Metropolitan Government E, to the extent that the victim would be able to sleep himself/herself.

Therefore, even though the injured person puts up to the Defendant the Defendant “I't want to do so?” and resisted, the Defendant exceeded the victim’s panty and panty by hand, and put the Defendant’s sexual flag in the victim’s resistance.

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

2. On January 9, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against persons with disabilities), attempted to be exempted from the victim’s will at the place of the preceding paragraph, on January 9, 2017, when reporting the situation that the said victim would enjoy on the part of the victim, at the place of the preceding paragraph, around 09:00.

이에 피해 자가 피고인에게 “ 싫어! 저리가 ”라고 말하면서 바지를 붙잡고 저항하였음에도, 피고인은 양손으로 피해자의 바지와 팬티를 잡아당겨 벗긴 다음, 피고인의 성기를 피해 자의 엉덩이에 비볐다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of victims;

1. The application of Acts and subordinate statutes, such as the details of 117 reporting and counseling, a copy of counseling services, and photographs at the scene of crime;

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof (Selection of Imprisonment with prison labor);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act [a person whose offense is heavier than that of a concurrent offense].