A defendant shall be punished by imprisonment for three years.

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

Criminal facts

1. The Defendant knew that the victim C (V, 22 years of age) who was aware of his reputation had weak ability to change things and ability to express opinions in class 3 of intellectual disability, and tried to have sexual intercourse with the victim using it.

Around 17:00 around the summer of 2008, the Defendant stated that he will be frightened to the victim at around 17:00, and that he was frightened by the Defendant’s residence located in Ulsan-gu, Ulsan-gu, the victim was her, the victim’s chest and fright, the victim’s chest and fright, and the victim was hered by the Defendant.

Therefore, the defendant was trying to put the victim into the lux of the victim's sexual organ and put the victim's sexual organ into the lux of the victim, but failed to put the victim into the lux.

Accordingly, the defendant attempted to have sexual intercourse with a victim who is unable to resist due to mental disability but failed to do so.

2. The Defendant knew that the victim E (V, 46 years of age) who was aware of his reputation had weak ability and expression ability to change things in class 3 of intellectual disability, and tried to commit an indecent act against the victim by using it.

On July 30, 2012, around 13:20 on July 30, 2012, the Defendant committed an indecent act against the victim who was unable to resist due to mental disability, by taking the victim's clothes under his own care from his dwelling room located in Ulsan-gu D, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Records of each statement;

1. Each investigation report and request for cooperation with investigation;

1. Application of the video CD-related Acts and subordinate statutes to C;

1. Relevant Articles 12 and 8 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof; Article 297 of the Criminal Act; Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act concerning the punishment of sexual crimes;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment;