A defendant shall be punished by imprisonment for not less than two years and six months.

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 person who is transferred to the same side of the victim B (the name of the victim and the age of 23), and the victim is a person with a disability of Grade II in intellectual disability.

1. On June 1, 2020, the Defendant committed the crime at around 00:50 on June 1, 2020, saying that he would sell tobacco to the victim, taken the Defendant’s residence in Jeju, left the victim’s seat in the victim’s port, and inserted his finger in the victim’s inner part, and inserted his finger into the victim’s inner part.

As a result, the defendant put his sexual organ into the body of the victim with mental disability and put part of his fingers into the victim's resistance.

2. On June 4, 2020, around 00:10 on June 4, 2020, the Defendant: (a) accumulated locked in the victim’s residence located in Jeju-si D’s adjacent to the victim’s self-harm; and (b) inserted the victim’s sexual organ into the victim’s resistance.

As a result, the defendant committed an act of inserting part of fingers into the victim's resistance with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. A certificate of disability and a certificate of disability;

1. Application of Acts and subordinate statutes to investigation report (related to the third interview with victims);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The extent of disadvantage suffered by the defendant due to the age, occupation, risk of recidivism of the defendant under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, the age, occupation, and risk of recidivism under the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the type, motive, process, disclosure and notification order of the crime in this case;