A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant has been living the victim in the apartment house, such as the victim C(n, 17 years of age), several times, and the victim is suffering from the 3rd degree of self-defacy intellectual disorder and lacks the ability to discern the object and make an expression of opinion.

On June 5, 2011, the Defendant knew that the victim has weak ability to discern things or express opinions, thereby demanding the victim to do so. On the other hand, the Defendant got the mind of the victim by allowing the victim to do so.

1. At around 17:50 on August 12, 201, the Defendant committed an indecent act by taking advantage of the victim’s mental disability status during seven times from around July 201 to November 5, 201, as described in the annexed crime sight table Nos. 1 to 7, as follows: (a) the Defendant: (b) committed an indecent act by reporting the victim’s home located in the Defendant’s house in the front city of Yancheon-gu D apartment; and (c) the victim was frightly committed with both arms by using the victim’s mental disability to resist; and (d) committed an indecent act by taking advantage of the victim’s mental disability.

2. On January 2, 2012, the Defendant: (a) laid the victim’s body in his/her own arms using his/her own arms; (b) laid the victim’s body in his/her apartment; and (c) around February 2, 2012, the Defendant her own victim kisced him/herself while getting on and off an elevator inside the said D 107 elevator.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate);

1. Article 6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 201) and Article 298 of the Criminal Act (amended by Act No. 11088, Nov. 17, 201), each of the following are applicable to the crime.