A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On July 27, 2016, from around 15:10 to 15:50 the same day, the Defendant used that the victim F. (M., 42 years of age, mental retardation Grade 2) of the victim F. (M., 42 years of age, mental retardation) who was f.i.e., f., behind the E-car in the Dongjak-gu Seoul Metropolitan Government Down Parking Lot was unable to resist or resist due to mental disability, thereby making the victim’s chest, f.m., f., f., f., and f., f., f., f., f., f., f., f., f., f., f., f.

As a result, the defendant committed an act of inserting the sexual organ into the victim's mouth by taking advantage of the victim's mental disability that makes it difficult for him to resist or resist.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of the F;

1. G statements;

1. A criminal investigation report (CCTV image analysis report);

1. Medical records for victims of sexual assault;

1. Each request for appraisal and response to each request for appraisal (the sequence 25,31 of the evidence list);

1. A report on psychological and evaluation;

1. A copy of a welfare card;

1. Application of statutes on field photographs;

1. Article 6 (4) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is a primary offender, and the instant crime is committed against many unspecified persons solely on the basis of the instant crime;

It is difficult to conclude that the order to register personal information of the defendant and attend a lecture for treatment of sexual assault can be expected to some extent to prevent recidivism.

This case.