A defendant shall be punished by imprisonment for not less than eight 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

Around April 11, 2018, when the Defendant was aware of the victim C (V, 15 years of age), the father of the victim C (V,) with intellectual disability 3, the Defendant was living together with the victim at the defendant's office located in the Seo-gu, Busan, upon the request of the victim, at around April 11, 2018.

On April 11, 2018, the Defendant, at around 23:30, 2018, accumulated the victim's body on the side of the victim who was living on the floor at the second floor inside the house of the above Defendant, and kisced the victim's chest by hand, and kiscing the victim with mental disorder by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement contained in video recording CDs;

1. An expert opinion on sexual assault incidents against persons with disabilities;

1. 112 Reporting case handling table;

1. A survey report on actual conditions;

1. A gene appraisal report;

1. Details of text messages on mobile phones;

1. Responses to requests for cooperation with investigation ( replys on the result of appraisal);

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and certificates of disability;

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, health conditions, social relationship, criminal punishment, disclosure or employment restriction order, and the Defendant’s entry.