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 committed an indecent act against the victim E (the age of 17 at that time) who came to know in the course of gathering rehabilitation treatment in Suwon-si C, using the fact that the victim E (the age of 17 at that time) cannot express his opinion as a disabled person with the second degree of mental retardation disorder.

On February 14, 2013, at around 15:00, the Defendant discovered that the victim is married in the club room of the first floor above D, and committed an indecent act by force against the juvenile victim, who is a disabled person, by putting the victim's sexual organ into the victim's inner part, and putting the victim's body into the victim's inner part, and refusing the victim's body, thereby taking the victim's hand out.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Recordings of victims E;

1. A complaint filed by the F;

1. Copies of welfare cards for persons with disabilities;

1. Each investigation report (No. 6 and 7 No. 1) and the application of Acts and subordinate statutes to a child victim investigation report;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Facts, Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Article 40 of the Commercial Concurrent Crimes Act (a punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, and Article 62-2 of the Criminal Act;

1. Article 13 (2) and the main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose;