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 September 30, 2019, around 11:36, the Defendant found the victim D (Influent, 23 years of age, 1st class brain disease, and intellectual disorder) who was married to the waiting room located in the Seogu Seo-gu Daegu, Daegu, and caused the victim to commit an indecent act by force against the victim who was physically or mentally disabled on his/her own under his/her own clothes, with his/her own clothes taken charge of the victim's buckbucks, and double arms.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records and statement analysis opinion;

1. Application of the Acts and subordinate statutes of the internal investigation report (No. 3,11) and the investigation confirmation (No. 18).

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act

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 consideration shall be made again for the reason of sentencing);

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Articles 47(1) and 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); the crime of this case is not limited to multiple unspecified persons; the crime of this case is not limited to unspecified persons; the defendant’s personal information is deemed to be able to prevent the recidivism of the defendant through registration of personal information of the defendant and taking taking lectures in treatment of sexual assault; the defendant’s age, family environment, social relationship, and other disclosure and disclosure.