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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

(2017 Gohap 8) / 2017 / The Defendant was sentenced to the suspension of the execution of imprisonment for August 2, 2016 in the Incheon District Court's Busan District Court on September 22, 2016, and the said judgment became final and conclusive on September 30, 2016.

[2] The Defendant, while attending Kimpo-si D's school in Kimpo-si, was aware of the fact that the victim E (18 years old) with intellectual disability 1st grade E (18 years old) was unable to resist due to severe disability in the school and was willing to resolve the sexual desire of the victim.

1. In July 2016, the Defendant, at the D School assembly room, proposed the victim, who was assembling electronic devices, to immediately enter the Defendant’s sexual organ.

2. On September 27, 2016, at around 12:00, the Defendant: (a) towed a victim who reported his/her urine in a male toilet of D school from the first floor of the male toilet; (b) led the victim to the use of the urine partitions; and (c) laid the Defendant’s sexual organ in the drafting of the victim.

Accordingly, the defendant committed a similar act against the victim in a difficult situation due to mental disorder.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a welfare card, stenographic records, statement assistance report, expert opinion on sexual assault against persons with disabilities, investigation report (Attachment to on-site photographs), photographs, investigation report (investigation into telephone conversations by persons with disabilities), investigation report (investigation into the date and time of occurrence), investigation report (investigation into the suspect's power and awareness of persons with disabilities), two CDs, and investigation report (F statement hearing);

1. Previous convictions in the judgment: Investigation report (Attachment of the judgment, etc.), two copies of the judgment, investigation report (Attachment of the judgment of suspension of execution, etc.), three copies of the judgment, inquiry report, results of the inquiry, reporting of the previous convictions in the disposition and reporting of the results

1. Article 6 (4) and Article 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crimes;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 (2) of the Criminal Code provides that a concurrent crime shall be aggravated.