A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is the father of the victim C (Inn, 17 years of age) with intellectual disability 2.

At around 01:00-02:00 on June 2013, the Defendant, at his mother-friendly E’s residence in Ansan-si, the Defendant, at around 01:00, 102:0, 102, and 102, went out of F, her wife, and f, her wife, and her wife, “F has come out of her wife,” and her wife, she was seated back to her wife, her victim, and her victim’s back to her, and then she was her part by her panty by putting his hand into her panty with the panty of the victim, with the victim’s panty.

In this respect, the defendant committed indecent acts against the victim by taking advantage of the victim's state of impossibility to resist with mental disability.

Summary of Evidence

1. Statement of the defendant in the third protocol of trial;

1. Video images of each video CD with C or F;

1. Application of Acts and subordinate statutes to disabled persons' certificates, family relation certificates, and resident registration cards;

1. Relevant legal provisions concerning criminal facts;

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 5 (3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act;

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 299 of the Criminal Act;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a quasi-indecent act by compulsion in the relation of relatives);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Matters concerning probation, orders to attend lectures or orders to provide community service for the protection of children and juveniles against sexual traffic;