A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On August 29, 2014, at around 02:00, the Defendant moved to the Defendant D (as such, 15 years old and 58 intellectual disability Grade 3), which he came to know in the vicinity of the Defendant’s house located in the 1st floor of the Geumcheon-gu Busan Metropolitan Government C Housing, and through the peting of “Singman”, to the Defendant’s house.

The defendant divided the victim's talk with the victim and the victim who does not have any kind of relationship with the victim, reported that the victim made an abnormal speech or behavior, such as "I am "I am at the same time", "I am at the right time to see that I am at the same time" and "I am at the right time", and known that there was a intellectual disorder to the victim.

The defendant thought that the victim is unable to resist because of the lack of ability to make decisions due to intellectual disability, and that the victim exceeded clothes, and inserted the sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with a disabled juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. A statement made by D in the video CD (Serial 8 of the evidence list);

1. Welfare cards;

1. A certificate of persons with disabilities and a certificate of disability;

1. Application of Acts and subordinate statutes to written opinions of sexual assault experts;

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is difficult to view that the Defendant is highly likely to recommit a sexual crime in light of the favorable circumstances for the following sentencing grounds, such as having no record of sex offense, etc., and the circumstances leading to the instant crime, etc., and the disclosure of the Defendant to the public.