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

Punishment of the crime

The defendant and the victim C (the age of 23) live in Gangseo-gu Seoul Metropolitan Government D apartment, and the defendant is a person with a physical disability of Grade 6 and the victim is a person with a mental disability of Grade 2.

On May 6, 2017, the Defendant, while drinking alcohol in the said apartment complex around 14:21, 2017, she started the victim to walk in the said apartment complex to the E building in the vicinity of the said apartment complex.

Although the defendant continued to have the victim not wanted to leave the defendant by making the victim in the corridor of the first floor of the above building, he taken the victim to the stairs located in the third floor parking lot of the above building underground, and the victim's chests and fluences were met at the same time against the victim's will.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of each victim;

1. Application of the police investigation report and accompanying documents (the list Nos. 21-23) statute

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Scope of applicable sentences under law: Imprisonment with labor for one year to 30 years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] shall be the general criteria for sex offenses against disabled persons (not less than 13 years old) and there is no type 2 (sexual intercourse and forced indecent act) [the area of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment] (the area of recommendation and the scope of the recommended punishment], the basic area of the punishment, the imprisonment between March and February 2 (the maximum and minimum limit of the sentencing criteria shall be mitigated to 1/2).

3. The defendant, who is a person with a intellectual disability residing in adjoining areas, takes the victim's personal identity toward the emergency stairs of the underground parking lot of a dial building, and calls the victim's chest and fluor.