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

Punishment of the crime

The defendant is a disabled person with intellectual disability 3.

On May 1, 2016, at around 14:00, the Defendant committed an indecent act by force against the victim, who is disabled, on the front and rear side of the victim, by putting a bridge of the victim himself/herself on his/her own floor when he/she drinks together with the victim D (W, 41 years of age) with a fluence with fluences, such as the victim D (W, 41 years of age) with a flusive disorder in intellectual liver-gu apartment house C, Mapo-gu, Seoul, and 201 Dong 1202.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made for damage;

1. Investigation report (for a victim's husband E phone statement), investigation report (for a suspect F phone statement);

1. Medical certificate, medical record, statement, analysis opinion, statement of sexual assault against children and persons with disabilities, and statement assistance report [the defendant, at the time of committing the crime, was in a state that he/she has no or weak ability to discern things due to intellectual disability and interview;

The argument is asserted.

According to the evidence duly admitted and investigated by this court, the application of the law is deemed to be a Grade 3 intellectual disability and a considerable amount of alcohol at the time of the crime of this case, but it does not seem to have reached a state where the defendant's ability to discern things or make decisions is weak.).

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against 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 and notify information, 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 [the Defendant’s age and occupation, the type and motive of the crime, the process and consequence of the crime, the fact that the Defendant has no record of sexual assault crimes, and the disclosure thereof.