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, after being dead with the husband of the Victim C (AW, 55 years old, intellectual disability 1 level), was killed by his husband, neglected the protection of his guardian and neglected to commit an indecent act by providing meals, alcoholic beverages, etc. with knowledge that the intellectual ability has significantly deteriorated, and by providing them with food, alcoholic beverages, etc.

1. 2015. 11. 4. 자 성폭력범죄의 처벌 등에 관한 특례법위반( 장애인 강제 추행) 피고인은 2015. 11. 4. 18:20 경 피고인이 살고 있는 엘리베이터 안에서 피해자와 함께 내려오던 중, 피해자의 바지와 팬티를 무릎 부근까지 내린 뒤 피고인의 얼굴을 피해자의 사타구니 부위에 파묻고는 피해자의 음부를 수 초 동안 핥았다.

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

2. On November 5, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct by Person with Disabilities) committed an act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on November 5, 2015, when he was getting off an elevator with the victim at the same place as indicated in paragraph (1) around November 15, 2015, when he was getting out of the elevator with the victim, the Defendant’s grandchildren were collected into the seat of the victimized person, and the Defendant

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

3. On November 7, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities) committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on November 7, 2015, when he was getting off an elevator with the victim at the same place as indicated in paragraph (1) around November 14 and 33, 2015, the Defendant got off the elevator along with the victim, and brought the Defendant’s hand back to the victim’s seat.

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. Each stenographic record against C (the sequence 4,13 of the evidence list);

1. Application of CCTV-cape Acts and subordinate statutes and video CDs;

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