A defendant shall be punished by imprisonment for not less than two years and six months.

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

The victim C(n, 47 years old) is a class 3 person with mental disability who significantly falls in the ability to distinguish and judge.

1. On December 3, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similarity with disabled persons) was placed in the victim’s house located in the north-gun of North Korea on the basis of around 07:00, and entered the house and fence, and “one week”, and forced the victim to leave the right chest of the victim despite the victim’s refusal, and put the hand in the part of the victim’s finger and pande, and then put the finger into the part of the victim’s finger.

2. On November 18, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against persons with disabilities) committed an indecent act by force on the part of the Defendant’s house located in the same Gun at around December 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in the victim's video recording or video CD;

1. Application of Acts and subordinate statutes to stenographic records, each internal investigation report (Evidence No. 7,8,9) and investigation report (Evidence List No. 4);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of similarity with persons with disabilities), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with disabilities prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children and juveniles.