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

The defendant is the disabled in the fourth degree of the hearing disability and the victim B (the age of 16) is the disabled in the second degree of the intellectual disability in the middle school and became known to him in the special group of the disabled in the middle school.

The Defendant was aware of the fact that the victim was unable to exercise his right to sexual self-determination due to his lack of judgment, decision-making ability, and response ability, and that sexual assault was unable to resist even if sexual assault was damaged, and tried to commit an indecent act against the victim by using it.

On February 15, 2019, the Defendant sent the Victim’s personal gram message to the victim at a non-permanent location and sent the Victim’s personal gram in Geumcheon-gu Seoul. At around 11:30 on the same day, the Defendant sent the Victim’s personal gram messages to the victim in Geumcheon-gu Seoul, and the victim’s personal math of the D multi-family house in Geumcheon-gu, Seoul, and sent the Victim’s personal mony and panty, cut off the Victim’s portrait and panty, cut off the Victim’s sexual organ once by hand, cut off the Defendant’s inner organ, and forced the Victim to leave the sexual organ.

Accordingly, the Defendant committed indecent acts against the victim by taking advantage of the victim's mental disability that the victim was unable to resist or has difficulty in resisting.

Summary of Evidence

1. Legal statement of witness F;

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses G in the second trial records;

1. The statements and stenographic records recorded in the video CD;

1. A report on investigation (specific place for committing a crime), photograph of the place of committing a crime, report on an investigation (failization of the conversation content), conversation contents, investigation report (CCTV analysis), CCTV-faging photograph and map;

1. An intermediary report and an expert opinion on sexual violence against children with disabilities;

1. Application of welfare cards, letters, photographs, official books, and draft statutes;

1. Article 6 (4) and (3) of the relevant Act on Criminal Crimes and Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Sexual Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under the Criminal Act;