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

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant had been aware of in the Pyeongtaek Dong-dong by attracting victims C (16 taxes, intellectual disability level 2) frequently and receiving money, etc., and had the victim fright to commit an indecent act on the part of the Defendant using the fact that the victim frights to drink.

The Defendant, on September 17, 2016, at around 16:00 to 17:00, at the residence of the victim of Da 103, the Defendant, alone, acted in self-defense, and let the victim enter the place next to the victim, and the Defendant, “I do not leave the clothes.”

It threatens to carry things in the house with ".........", and the victim, who is frightened, is off, and the victim does not refuse to do so by himself/herself.

At the same time, even though the defendant's shoulder was pushed down and pushed down by hand, the victim's sexual organ was unfolded.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a report on investigation (as to a response to a response to a response to a report on investigation and appraisal);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment: Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Suspension of execution: Article 62-1 of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. An order to attend a course: The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from disclosure order and notification order: The defendant's personal information shall not be disclosed or notified in full view of the defendant's age, criminal record, intellectual ability, family relation, occupation, type, motive, process, result, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to disclosure order or notification order, the preventive effect of sexual crime subject to registration that can be achieved due to such order, the effect of protecting the victim, etc.