A defendant shall be punished by imprisonment for two years.

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

On June 20, 2020, around 21:00, the Defendant: (a) Daked the victim D (class 2 of intellectual disability 2) who was seated within the “C” located in the Hapung-gun of Chungcheongbuk-gun, the Defendant her own hand saw the victim’s quantity, and kiscked the victim’s breath of alcohol.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of water-related Acts and subordinate statutes by taking a field photograph of a victim's welfare card for persons with disabilities or by taking a course;

1. 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 with prison labor, concerning the crime;

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 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and Observation, the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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, risk of repeating a crime, type, motive, process of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s injury due to an order to disclose or notify information, prevention of sex crimes subject to registration that may be achieved therefrom, and effects of protecting the victims, etc. shall be comprehensively taken into account;

[Determination]

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

(c) sex offenses against persons with disabilities (not less than 13 years old);