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 victim C(18 years old) is a disabled person with intellectual disability Grade 29 with the intelligence index(18 years old). The victim C(18 years old) has a net characteristics, not only with a short time concept but with an string line.

On May 24, 2014, at around 17:00, the Defendant: (a) discovered the victim who was waiting for mixed-child at the bus stops in the front of the bus department store in a city area in Busan, Jin-dong, Busan; (b) divided the conversations with the victim; and (c) thought that the victim was not able to resist against the victim even if the victim knew that such an indecent act was committed against the victim, the Defendant committed an indecent act.

1. 추행유인 피고인은 위 일시 및 장소에서 피해자에게 현금 1,000원을 주며 안심시키고 “송도에 바람 쐬러 갈래.”라고 말하며 유혹하여, 지하철을 타고 서면역, 자갈치역을 거쳐 부산 서구 암남동에 있는 송림공원으로 데리고 갔다.

Accordingly, the defendant has induced the victim to commit an indecent act.

2. Around 19:40 on the same day, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) brought the victim into a female toilet in the Song Forest Park at around 19:40 on the same day with his/her hand together with the victim's clothes, sent the victim with his/her chest and sound room, taken the victim into front of a female toilet, and taken the victim's hand into the victim's clothes.

Accordingly, the Defendant committed indecent acts against the victim by taking advantage of the victim's mental disability that the victim was unable to resist or has difficulty in resisting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of statements;

1. An intermediary's report and expert's opinion;

1. A certificate of a disabled person, a certificate of disability diagnosis (No. 40 of the evidence list), a certificate of disability diagnosis (No. 41 of the evidence list), and a decision on disability examination;

1. CCTV images of the subway station, and photographs capturing the CCTV;

1. Each investigation report [the application of Acts and subordinate statutes 4, 6, 28, 30, 37] and subordinate statutes;

1. The punishment, etc. of sexual crimes provided for in the relevant Act on crimes;