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 worked in C, and delivered rice to a person eligible for livelihood benefits in the region, and the victim (the victim, 39 years of age) is a person with cerebral cerebralopia 2, and the Defendant became aware of the victim while delivering rice to ordinary victims.

피고인은 2016. 7. 22. 15:00 경 전 남 진도군 D에 있는 피해자의 주거지에서 가져온 쌀을 내려놓고 옆방에 있는 피해자에게 ‘ 전화번호를 적어 달라 ’라고 말해 안방으로 유인한 뒤 갑자기 피해자의 얼굴에 뽀뽀를 하고 양손으로 가슴을 만진 뒤 피해자의 바지와 팬티를 허벅지까지 내리고 음부를 만지고, 피고인의 바지를 내려 성기를 피해자의 음부에 댔다.

Accordingly, the defendant forcedly committed an indecent act on a person with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. A record of the statements made by the victim and a record of the name of the victim recorded in a video recording CD;

1. Application of Acts and subordinate statutes related to disabilities;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 information, 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 (an order to disclose or notify the registered information may have a significant impact on the accused, and thus, it is necessary to pay careful attention to such an order.

However, in the case of this case, the defendant's crime was planned, or the defendant has been continuously committing such crime against many and unspecified persons, etc.