Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who was hospitalized in a sick room, such as victim E (tentative name, remaining, and 20 years of age), with a intellectual disability 3 having been hospitalized in a hospital D while hospitalized in a hospital in Sungnam-si.

In a state where the Defendant lacks the ability to discern things or make decisions due to an on-site illness, the date and time of the charge in this part of the charges is “as of May 10, 2017:53,” and “as of May 10, 2017:0.”

However, according to the investigation report (on-site CCTV image), [Attachment]-related photographs, and CCTV video CDs of D hospital, the crime of this case is recognized as “the fact that there was around 0:53 on May 10, 2017,” and such criminal facts are recognized.

In the case of the victim who was divingd due to being diversed in the bed room in the bed room of the 9th floor of the above hospital, the victim's kives were placed in the bed part of the victim, and the victim's kives and kives were cut off.

이 부분 공소사실은 ‘ 피해자의 바지 속으로 손을 넣어 피해자의 엉덩이 부위와 성기를 만지고 입으로 피해자의 성기를 핥았다.

“....”

However, the lower judgment on the assertion of Defendant and defense counsel

2. 판단 ⑴’ 과 같이 검사가 제출한 증거들 만으로는 ‘ 피고인이 입으로 피해자의 성기를 핥았다는 사실’ 이 합리적인 의심을 배제할 정도로 증명되었다고

shall not be deemed to exist.

In a case where it is deemed that there is no concern that the exercise of the defendant's right of defense may be seriously affected within the extent consistent with the facts charged, and even if the indictment has not been modified, the court recognizes the facts charged as different from the facts charged as stated in the indictment ex officio (see Supreme Court Decision 2000Do4419, Nov. 22, 2002). Thus, the court recognizes the above facts charged without modification of the indictment.

Accordingly, the defendant committed an indecent act against the victim who is the disabled.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. An investigation report (related to field CCTV images).