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

On April 28, 2019, at around 18:00, the Defendant, in the Defendant’s house located in Songpa-gu Seoul Metropolitan Government Btel C, laid off his clothes in the room, studio stud, D, with a view to having sexual intercourse with the victim E (one’s name, two-year old age), and inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who is in a state of mental or physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. A written statement of E;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements) and investigation reports (to the table of 112 reported cases);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order; prevention of sex crimes subject to registration; and effects of protecting victims)

1. Where a judgment of conviction is finalized on the facts constituting an offense on which personal information is registered under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities ( December 11, 2018), and Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;