A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was aware that there was a mental disability, such as the victim C(n, 43 years old) and the neighbor, and the victim was unable to walk in the usual gate without any justifiable reason.

On October 16:32, 2014, the Defendant discovered the victim from the front side of Guro-gu Seoul Metropolitan Government D, and the victim was only the victim's chest with his/her son.

Accordingly, the defendant committed an indecent act by force against the victim by using the victim's difficulty in resisting due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Protocols, stenographic records and video CDs with C;

1. Application of statutes on copies of victim welfare cards;

1. Article 6(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes stipulate the applicable provisions in the indictment as “Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act” but in light of the facts charged, it appears to be a clerical error in Article 6(4) and (3) of the Act

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Whether a case constitutes “any special circumstance against disclosure or notification of personal information” stipulated under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “a case where disclosure or notification of personal information is prohibited” refers to the Defendant’s age, occupation, risk of recidivism, etc., the type, motive, process, consequence, seriousness, etc. of the relevant crime, and the characteristics of the crime, such as disclosure or notification order.