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 a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. From June 2016, the Defendant came to know that he was a disabled person E (a person with physical disability, 29 years old, intellectual disability 2 level) who has received a swimming pool in Gwangju Northern-gu, while undergoing rehabilitation swimming from the D swimming pool in Gwangju Northern-gu, and was unable to properly distinguish the same swimming pool. On February 22, 2017, around 15:00, the Defendant accessed the victim who has received a swimming pool in the above swimming pool to put the fingers into the part of the victim, and put the fingers into the part of the victim.

As a result, the defendant used the victim's mental disability to have a similar condition to the victim.

2. On February 24, 2017, the Defendant found the victim who is under custody at the same place as paragraph (1) around 15:00 on February 24, 2017, and the victim was fully aware of the victim’s negative part of the victim.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of his mental disability that the victim was unable to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The statement and stenographic records of a victim contained in a video recording CD;

1. Complaint;

1. A report on investigation (the search of shots and field photographs);

1. A counseling record, a written opinion, and a written opinion on sexual assault case;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 6 (4) and 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (a quasi-similar act against the disabled), Article 6 (4) and (3) of the same Act, Article 298 of the Criminal Act (a quasi-voluntary indecent act against the disabled person; a choice of imprisonment with labor);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (referring to the act of similarity with disability)];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):