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

The defendant is a member of the company who was working as the head of the Ban in D Co., Ltd. in Kimpo-si, Kimpo-si, and the victim E(the age of 27) is a subordinate employee of the defendant who served in the same company as the defendant as the intellectual disability 3.

1. 성폭력범죄의처벌등에관한특례법위반(장애인유사성행위), 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영) 피고인은 2015. 11. 초순 09:00경 김포시 C에 있는 주식회사 D 1층 남자화장실에서 피해자를 좌변기 칸으로 끌고 들어가 강제로 피해자의 바지와 팬티를 벗기고 피해자의 허리를 앞으로 구부리게 한 후 피해자의 뒤에서 자신의 성기를 피해자의 항문에 삽입하고, 자신의 휴대전화 카메라를 이용하여 피해자의 성기와 항문을 촬영하였으며, 손으로 피해자의 성기를 만지고 혀로 피해자의 성기와 항문을 핥았다.

Accordingly, the defendant committed similar acts to put sexual organ into the resistance of the victim who has mental disorder due to violence, and taken the body of the victim who could cause a sense of sexual shame using mobile phone camera against his will.

2. From Oct. 2014 to Nov. 1, 2015, the Defendant, during the period from Oct. 2014 to Nov. 2015, 2015, expressed the attitude that the Defendant would inflict an injury on the victim if he did not follow the Defendant’s horses. From 15,000 won to 50,000 won from the victims of drinking, the Defendant got off the amount of money from 15,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the statements made by victims;

1. Application of Acts and subordinate statutes to expert opinions on statement analysis of sexual assault cases against children or persons with disabilities;

1. The provision applicable to the crime, Article 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a similar act to persons with disabilities) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and taking pictures using cameras, etc.