A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

【Criminal Facts】

Defendant

The requester for attachment order (hereinafter referred to as the "defendant") from around 2013, worked in the body and the restaurant operated by the grandparents of the victim B (the 11 years of age), and locked in the above restaurant, and was locked in the body of the victim's grandparents, and lived in the body of the victim's grandparents.

From around 2012, the victim resided in the parent house, and there was a doubt about intellectual disability that intelligence was 3 to 3-4 away from the next time, and the victim was friendly and friendly.

피고인은 2018. 3. 초순 일자불상일 10:00경 울산 남구 C에 있는 피해자 조부모의 주거지에서, 피해자가 피고인을 데리고 침대가 있는 작은 방으로 간 다음 평상시처럼 발목을 잡고 거꾸로 돌리는 놀이를 해 달라고 부탁하자, 피해자에게 “삼촌이 놀아주면, 그럼 너는 뭐 해 줄래 ”라고 묻고, 이에 피해자가 아무 말 없이 뒤돌아 서 있는 틈을 타, 갑자기 피해자의 뒤에서 팔을 뻗어 옷 위로 피해자의 가슴과 젖꼭지를 수회 만지고, 계속하여 엉덩이와 음부를 만졌다.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

[Judgment of the court below] On October 30, 2015, the Defendant was sentenced to a suspended sentence of three years and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc.) at the Ulsan District Court (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes).

In light of the fact that the Defendant committed a sexual crime against a person under the age of 19 who committed an indecent act against the victim B with falling intellectual ability as well as the age of 11 during the period of suspension of execution and at the same time committed a sexual crime on two or more occasions, and the Defendant committed a crime against the victim who was in the same way as Pyeongtaek, and the Defendant also committed a sexual crime again is in Grade III of intellectual disability.