A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On August 17, 2014, the Defendant, at the victim’s house located in Gwangju Northern-gu C and 102 Dong 103 on August 17, 2014, took the victim’s bath to the victim (the victim’s 35 years of age, mental retardation disability 1 level), and took the victim’s clothes, and took the victim’s chest and sound part with the victim’s own hand, and added the finger to the part of the victim’s drinking, thereby taking advantage of the victim’s mental difficulty in resisting the victim’s finger.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. The statement of the victim appropriate for the victim from among the video recordings made to the victim;

1. Statements made by the assistant judicial police officer in relation to D's statement, which fit for such statement;

1. Each statement fit for the registration certificate of persons with disabilities to victims and each statement of opinion to the victims prepared by doctors E;

1. Application of Acts and subordinate statutes making relevant to the written opinion on sexual assault cases of women of Grade I intellectual disability prepared by the F;

1. Article 6 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) is not limited to an unspecified general person, and it is difficult to readily conclude that the defendant's age, character and conduct, means and consequence of the crime, and the circumstances after the crime, are high in risk of re-offending;

1. Review of the reasoning for sentencing of Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend and Order to Attend Community Service, the following facts may be acknowledged.

1. From December 17, 191, the Defendant entered into a de facto marital relationship with G and the victim’s mother from around December 17, 1991. From around the time of the victim’s death, the Defendant was the victim’s children.