A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant is a person with a intellectual disability of the third degree.

1. On May 30, 2010, the Defendant: (a) committed indecent act by compulsion against the victim C by compulsion on May 30, 2010; (b) reported the victim C (the disabled, 32 years of age) with intellectual disability from the above toilets in front of female toilets in the underground floor of the “E” residential facilities for the disabled with disabilities located in Sungnam-gu, Sungnam-si; and (c) forced the victim to commit an indecent act; and (d) led the victim to the victim in the above toilets, and led the victim to the victim’s chest and the part of the victim’s chests

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On September 23, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victim F (Indecent Act by compulsion of the disabled) reported the Victim F, who is a disabled person of Grade II with intellectual disability, 39 years old, in front of female toilets as stated in paragraph (1) above, and forced the victim to commit an indecent act on his/her hand, and the victim’s her son and knife with knife.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. A report on investigation (specific hours for criminal investigation);

1. stenographic records of the victim C's statement and stenographic records of the victim F;

1. The place where each residence facility of persons with disabilities is in-depth, each written opinion on sexual assault against persons with disabilities, the suspect, and the counseling day for persons with disabilities;

1. Application of Acts and subordinate statutes on site photographs

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the selection of punishment, Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment, respectively;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes above the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) among concurrent crimes;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.