A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

At around 13:10 on April 21, 2014, the Defendant, along with the disabled persons, including the victim E (n, 29 years old) with the “D” restaurant located in Geumcheon-gu, Busan, and the victim E (n, e.g., the victim E (n, e., the 29 years old). On the first day, the Defendant: (a) called “I wish to live in the mind; (b) I want to do so”; (c) I collected the finger from the victim’s inner part; (d) I am knife the chest, and (e) am knife the victim’s panty.

As such, the Defendant committed an indecent act on a person with mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statement recording record to F and E, CCTV video CD-related Acts and subordinate statutes;

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing in light of the following: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no same criminal record), profits and preventive effects expected by the disclosure order or notification order of this case (no same criminal record), and disadvantages and side effects resulting therefrom, it is deemed that there are special circumstances in which the defendant’s personal information shall not be disclosed or notified];

1. The scope of applicable sentences: Imprisonment for one year to 30 years; and

2. Scope of recommending types of sex offenses subject to the disabled persons (not less than 13 years of age) according to the general standards: Punishment not to punish a person who commits deceptive acts or indecent acts (special mitigation) committed against the disabled persons (not less than 13 years of age) in the mitigated area (9 to 1 month): Punishment not to punish him/her;

3. Determination of sentence: