A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

Defendant

In addition, around 11:30 on May 26, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") had the victim E (hereinafter referred to as 11) of the victim E (hereinafter referred to as the "victim E") with mental retardation disorder, known to the defendant in Sinsan-si, and known in the Neeece, play together with the defendant's house, and had the victim lock out the entrance of the victim and panty only, and refused the victim to walk out the chest above the victim's clothes, and refused to do so, the victim was able to take the victim's hand and resist, and made the victim do not have to resist, and committed an indecent act by force, taking into consideration the attitude of sexual intercourse going on the body of the above victim.

As a result, the defendant committed an indecent act on a person under 13 years of age who has a physical or mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. E’s statement recorded in the video CD;

1. Copies of welfare cards for victims with disabilities;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 298 (a) of the Criminal Act, Article 6 (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts, Article 298 of the Criminal Act

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age with heavier punishment) ;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. as seen below):

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to attend a course under the proviso to paragraph (2) of the same Article shall not be concurrently imposed);

1. Article 38 (1) 1 and 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, against which an order to disclose or notify is issued;