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 had a mind to commit an indecent act against the victim C(M, 41 years old) with a mental disorder 2 who resides in adjoining areas.

1. On April 2016, the Defendant: (a) at the victim’s house located in Pyeongtaek-si D, and (b) after the victim living in Pyeongtaek-si D, the Defendant was her chest and her son.

2. On April 2016, the Defendant got off the victim’s house in the middle A.M., 2016, she was spared in the back of the victim, and she was spared by his/her hand.

3. On May 1, 2016, the Defendant: (a) around 12:00, at the home of the above victim; (b) around 12:00, she saw the victim from behind; and (c) her fingers and frys of the victim by hand.

4. The Defendant around May 19, 2016, at the home of the above victim around 09:50 on May 19, 2016, changed as soon as “one defect?” to the victim. The chest is a bad.

The victim was selly seld in the rear, and the victim was seld with her chest, her kel and her part.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. C’s statement;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and diagnostic certificates;

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof (Selection of Imprisonment with prison labor);

1. The aggravated punishment of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment of concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as Fraudulent Acts by Persons with Disabilities)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.