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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant worked in the same workplace as that of the Victim C (the family name, the 16-year age), who is a child or juvenile of class 2 with intellectual disability, and now, was living in the same club as the victim, so the Defendant was aware that the victim was suffering from mental disability, and was able to have the victim forcedly commit an indecent act by using it.

At around 11:28 on October 17, 2017, the Defendant: (a) confirmed that there was no absence to ask the victim whether the victim was a telephone recipient and the victim’s home by walking a phone at the victim’s residence; (b) around 14:00 on the same day, the Defendant was found to have left the victim’s residence and viewed the television; (c) opened the victim’s chest by inserting the hand into the victim’s inner part; and (d) laid the victim’s chest into the victim’s chest; and (e) opened the victim’s chest into the victim’s inner part; and (e) opened the victim’s sexual part by inserting the hand into the victim’s inner part.

The defendant continued to get off his will and clothes of the defendant, and asked the victim to have the sexual organ of the defendant, which was sent to the victim, but the victim refused to do so, and caused the victim to have the sexual organ of the defendant by taking the hand of the victim.

As a result, the Defendant committed an indecent act on the part of a child or juvenile with a mental disorder by intrusion upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in video recording CDs;

1. The forests of the victim's neighborhood and the joint appearance prepared by the victim in the course of statement;

1. A photograph of the damaged scene;

1. Investigation report (Attachment of a medical certificate to a victim), investigation report (applicable to statutes concerning disability ratings of a victim);

1. Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the pertinent Act on Criminal Crimes, Article 319(1) and Article 298 of the Criminal Act (a crime committed by force of intrusion on residence), Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a crime by force against persons with disabilities), Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act (a crime by force against children and juveniles).