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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 성폭력범죄의처벌등에관한특례법위반(장애인위계등추행) 피고인은 2016. 3. 19. 23:34경 서울 강북구 C, 402호에 있는 주거지 방 안에서 직업훈련학교에서 알게 된 피해자 D(여, 22세)이 지적장애 2급인 사실을 알고 피해자에게 “엉덩이를 보여달라”고 한 다음 피해자의 가슴을 손으로 만지다가 젖꼭지를 잡아당기고 입술로 가슴을 빨다가 피해자가 “아프다”고 하는데도 계속하여 피해자의 음부를 손으로 만지고 음부 털을 뽑는 등 추행하였다.

Accordingly, the defendant committed an indecent act against the victim who has mental disorder by force.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken the body part of the victim’s body against the will of the victim by taking the sound parts of the victim’s body in a state of body by using the camera functions of Samsung mobile phones (No. 1) at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Entry of records of statements made by victims;

1. A statement of the victim's certificate and opinion;

1. Images of CDs of mobile phone restoration data;

1. Application of the existing Acts and subordinate statutes to one cell phone (No. 1) seized;

1. Relevant provisions of the relevant Act on criminal facts, Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs using carmeras, etc. and the selection

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with Severe Punishment, etc. (Indecent Acts by Fraudulent Means, etc. with Disabilities) to concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Order to attend a lecture and order to attend a lecture;