Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 20,000 won.

Criminal facts

The defendant is aware that the victim (the victim is 26 years old, intellectual disability 2 level) and C schools located in Busan Nam-gu (public special educational institution) are victims with the knowledge that the victim is a third person with intellectual disability, and the victim is a intellectual disability.

피고인은 2016. 5. 27. 23:00 경 부산 동래구 D에 있는 건물 4 층 ‘E‘ 앞에서, 피해자와 그 남편을 만 나 같이 놀다가 피고인이 ’E‘ 내에 있는 노래방으로 들어가자 피고인을 따라 들어 온 피해자에서 “ 보여 줘 ”라고 말을 하며 윗옷을 올리는 시늉을 하여 피해자가 자신의 윗옷을 올리자 갑자기 피해자의 오른쪽 가슴을 손으로 1회 주물렀다.

Accordingly, the defendant committed an indecent act against a person with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement recorded in video recording CDs;

1. A copy of a certificate of disabled persons and a written determination on disability ratings of victims;

1. CCTV images recorded in CDs;

1. The actual survey report and accompanying photographs;

1. Each investigation report and accompanying documents (the list Nos. 9, 14, and 15) [the defendant and defense counsel asserted that the defendant was a disabled person of Grade III with intellectual disability and lacks the ability to discern things or make decisions at the time of committing the instant crime.

However, according to the evidence duly adopted and investigated by this court, the defendant is deemed to be a disabled person of Grade III intellectual disability, but in light of various circumstances, such as the background of the crime in this case, the method of the crime, and the behavior of the defendant before and after the crime, the defendant was in a state of having no or weak ability to discern things or make decisions at the time of the crime.

does not appear.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

Application of Statutes

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

1. The Criminal Act for mitigation of quantity;