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 is a person who engages in transportation business and resides in the first floor of a row house such as victim E (n, 19 years of age), and the victim is a person with a disability of the second degree of intellectual disability.

1. On April 4, 2015, around 11:20, the Defendant: (a) opened a door door that was not set up on the ground that the victim’s house was tested with a toilet gate control on the victim’s house F 102, Busan East-gu, Busan-dong, and intruded on the victim’s house.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by force against persons with disabilities) committed an intrusion upon the victim’s residence at the same time and at the same place as above, television is considered as television in a ward, and the victim’s side seated is “the age is several, and it is visible.”

The victim's right bucks are rhydd with the victim's right bucks, and the victim entered a small room to prepare for outing, and met the victim's left chest from the rear side of the victim's side, such as the victim's left hand, knicks into the victim's panty, knicks into the victim's panty, and the victim continued to kn't kn't with the victim's kn's kn't with the victim's kn's kn's kn't.

Accordingly, the defendant forced the victim with mental disability to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement recorded in video recording CDs (Evidence Nos. 9);

1. Application of Acts and subordinate statutes to each investigation report (the sequence 11, 13, 14, 15 of the evidence list);

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime, the choice of punishment (the occupation of intrusion upon residence, the choice of imprisonment), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (the occupation of indecent act by force against persons with disabilities and the choice of imprisonment);

1. On the other hand, Article 37 (former part of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment [the aggravated punishment for concurrent crimes to the extent that the punishment is added up the maximum term of the crimes above the punishment stipulated in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment].