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.

Criminal facts

The defendant is a space between the victim C(n, 28 years of age) with intellectual disability 3 and the neighbor, who was living in the country.

1. At around 14:00 on August 9, 201, the Defendant confirmed that there was no parent or parent of the victim at the victim’s house located in S, which was 14:00 on the date from August 201 to August 9, 201, the Defendant left the victim’s house, took the victim away from his/her inner room, forced him/her to use his/her clothes, cut off the victim’s chest by hand, cut the victim’s chest on his/her floor, and met the part of the victim’s room by hand.

Accordingly, the defendant committed indecent acts against the victim by using the victim's state of non-fluence due to mental disability.

2. From spring in 2012, the Defendant confirmed that there was no parent of the victim at the victim’s house at the time of the victim’s house at the time of the 2012 spring, and confirmed that there was no parent of the victim’s house, the Defendant sent the victim to leaving the house, and the victim was “one string one another because she has a us,” and the victim was forced to be off his clothes of the victim, and continued to talk with the victim’s chest by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

Defendant’s partial statement

Judgment on the defendant's assertion of the expert opinion of sexual assault case for disabled persons in the transcript of the prosecutor's statement against C

1. The defendant alleged that he was off his clothes of the victim, and he was off his clothes by force.

2. In full view of the following circumstances acknowledged by the evidence adopted and examined by this court, the defendant's assertion is rejected, since the defendant is sufficiently able to recognize the fact that the defendant exceeded the victim's clothes and committed an indecent act.

① With regard to the facts stated in Paragraph 1 of Article 1 in the police, the victim was found to have exceeded his own clothes from the Defendant’s large room, her chest was confined to the cleaning agent under the supervision of the Defendant,” and “The victim was off his clothes and down his clothes. The victim exceeded his upper gate, her chest, and her chest was confined to the bottom.”