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

The defendant is well aware that the victim has a intellectual disability, while living in the Dong Dong Dong Dongdong, such as the victim B (n, 21 years of age).

On April 5, 2019, around 17:39, the Defendant: (a) went to a place where household garbage was discharged near the Southern-gu C’s house at port; (b) the Defendant collected an empty disease, etc.; (c) and (d) caused the victim’s chest on one occasion by the victim’s own hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. The statements and records recorded in B contained in the video CD (victim's statements);

1. Application of Acts and subordinate statutes, such as a report on internal investigation (video recording for the victim B), text message sent by the victim, report on internal investigation (as to the revision of the victim B's statement), request for appraisal (general appraisal), photograph, photograph, internal investigation report (as to the location of damage), CCTV photograph, CCTV photograph, CCTV photograph, CCTV photograph, CCTV report (as to the CCTV confirmation for the purpose of crime prevention), CCTV confirmation, CCTV internal investigation report (as to the confirmation of the resident of the victim's statement), internal investigation report (as to the confirmation of the victim's statement), internal investigation report (as to the attachment of a professional opinion on analysis of the statement by the victim's statement), statement analysis, internal investigation report (as to the certificate of disabled person

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the Defendant’s age, family environment, social relationship, degree of risk of recidivism, and profits and prevention expected by the order to disclose or notify this case’s sexual crime, under 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;