Text
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 20, 2016, at around 03:00, the Defendant, at the Defendant’s house located in Gwangju-dong-gu, through “D”, drinked with the victim E (one-six years of age) who is a disabled person of Grade 2 with smartphone-rating disorder, and attempted to hold the victim’s chest by inserting the victim’s finger into the victim’s inner part, making the victim’s finger into the victim’s finger, and cutting off the victim’s will and panty. However, the Defendant, while saying the victim’s fingerd against the Defendant’s hand, said the victim’s fingerd, placing, plaing, etc., and forced the victim’s panty and panty, had sexual intercourse with the victim, who has a mental disability, by force once more than once.
Summary of Evidence
1. Partial statement of the defendant;
1. stenographic records of each victim;
1. A video CD recorded by the victim;
1. Application of investigation reports (Attachment of welfare cards for victims with disabilities) Acts and subordinate statutes;
1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. A special circumstance in which a defendant may not disclose or notify personal information to the public, if he/she comprehensively takes into account the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, the preventive effect of a sexual crime subject to registration that may be achieved due to such order, the effect of preventing sexual crimes subject to registration, and the effect of protecting the victim from such sexual crime subject to registration, etc., as well as the fact that the defendant has no history of a sexual crime against the defendant;
[Judgment on the defendant's argument]
1. The defendant is guilty of the assertion.