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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to a mental delay that shows symptoms such as decrease in intelligence, etc.

1. Around 00:00 on May 30, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities) committed an indecent act against the victim E (or 29 years old) who is a disabled person of Grade III in Busan Dong-gu, Busan, without delay and the victim E (or 29 years old) who is a disabled person of Grade III and the preceding day after drinking alcohol and drinking alcohol to the victim in a way that the victim would be forced to commit an indecent act against the victim, and frightly, the Defendant flicked the victim's right chest.

Accordingly, the defendant forcedly committed an indecent act on a person with a mental disability.

2. The Defendant assaulted the victim’s left right f (6 years) due to the Plaintiff’s son F (6 years) her son’s son’s son’s son’s son’s son’s son’s son’s son’s on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A statement and a record of the statement made by the victim E in the video recording CD of the victim;

1. A copy of the welfare card for persons with disabilities (victims) (On the other hand, a protocol of interrogation of a suspect to the defendant by the prosecution against the defendant denies the establishment of substantial authenticity, and there is no objective evidence to prove the authenticity thereof, and no evidence is used as evidence;

Application of Statutes

1. Relevant Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on the Crime, Article 298 of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment with labor;

1. Articles 10(2) and 10(1) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [the defendant falls under the delay of an intelligence index 45, social age 12.5];

In this regard, in full view of the Defendant’s statement attitude and content in this court, the Defendant has the ability to discern things or make decisions with delay.