A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The Defendant is the production director of the “D” company in Sejong Special Self-Governing City C, and the victim E (V, 36 years old) is the disabled person of Grade III with intellectual disability and is the employee of the said company.

On March 2017, around April 201, the Defendant committed an indecent act by force against the victim’s chest, who was engaged in moving a brush to an elevator, before the cargo-use elevator in the “D” production plant, the Defendant committed an indecent act by force against the victim’s chest, who was in the process of moving the brush to an elevator.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Video-recording CDs and their stenographic records containing the E’s statement;

1. Each police statement made to F and G;

1. A complaint filed by E;

1. A copy of the welfare card for persons with disabilities, the written opinion of experts in cases of indecent conduct against children or persons with disabilities, the 112 reported case management table (excluding the part in which the police officer's opinion is stated), medical certificate, and medical record;

1. The defendant asserts that he/she does not commit an indecent act against the victim, such as investigation report (Attachment of on-site photographs), on-site photographs.

However, the victim was committed an indecent act, such as the statement of facts constituting an offense, consistently and consistently from the investigative agency to this court.

As the statement is made, the victim's statement has credibility because the victim's statement cannot find any special reason for the victim to make a false statement against the defendant.

In light of the fact that the victim has failed to accurately specify the date and time he/she was committed, and the victim was committed an indecent act from the defendant, the frequency of the indecent act committed by the defendant, the location of the defendant's indecent act against the victim, and how he/she was committed by the defendant for a long time, the victim is a disabled person of class 3 with intellectual disability with the intelligence index 51, and the victim made statements in this court after about eight months from the occurrence of this case, it is deemed that the above circumstances obstruct the credibility of the victim's entire statement.