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

피고인은 2014. 9. 24. 17:00경부터 17:37경까지 사이에, 부천시 원미구 계남로295번길 47-20(도당동) 강남시장 내 노점에 지적장애 2급인 피해자 C(여, 15세)를 끌고 가 의자에 앉힌 후 손으로 피해자의 오른쪽 얼굴 및 등을 때려 반항하지 못하게 하고 "이렇게 예쁜 손은 처음 보았다."고 말하며 피해자의 손을 입으로 핥고, 자신의 바지 지퍼를 내리고 거부하는 피해자의 손을 강제로 바지 안으로 넣어 성기를 만지게 하였다.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Investigation reports (field investigation reports), investigation reports (in relation to the initial reporter's statements), investigation reports (in relation to the statement of the person concerned), and investigation reports (in relation to the degree of disability of the victim);

1. Written statements prepared in D;

1. Request for cooperation in investigation (certificate of the disabled);

1. Application of statutes on site photographs;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) 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 appears to have committed the instant crime by contingency while drinking alcohol, and it is difficult to readily conclude that there is no record of punishment for sexual assault crime and there is a risk of recidivism of sexual assault. In this case, only one is the registration of personal information and the taking of an instruction to treat sexual assault.