A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

【Criminal Power】 On July 4, 2008, the Defendant sentenced the Daejeon District Court to imprisonment with prison labor for a crime of bodily injury resulting from special obstruction of performance of official duties, etc., and completed the execution of the sentence on November 5, 2009.

【Criminal Facts of Crimes】 On September 27, 2010, the Defendant: (a) committed indecent act by force against the victim E, who is a severely disabled person with a physical disability, who has a mental retardation first-class disability that can walk only by walking the walking device; and (b) had a mind to force the victim to force the victim by force; (c) had the victim’s “I have no house,” and had the victim’s words “I have no house,” by taking advantage of the state of refusal to resist due to physical and mental disorder of the victim; and (d) by taking advantage of the state of refusal to resist, such as the victim’s body and mental disorder, the victim kidly kid the victim in front and rear, and the victim her her her her son and chest, and the victim was in charge.

Summary of Evidence

1. Statements made by witnesses F in the second trial records, and by witnesses G in the third trial records;

1. E's statement recorded in the second protocol of the trial;

1. A statement prepared by H;

1. Previouss before ruling: Application of criminal history reports, investigation reports (verification reports at the expiration of the term of punishment, and attachment reports of written judgments);

1. Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 298 of the Criminal Act;

1. The defendant's assertion on Article 35 of the Criminal Code among repeated offenders asserts that the defendant only saw the disabled victim as facing the victim, and her sel and her elel were seld, and there was no fact that the victim's chest and her el were seld, and there was no intention of indecent act by compulsion.

However, according to the evidence mentioned above, the victim stated that the defendant was her chest and her chest, and the witness F stated that the defendant was flick on the part of the victim's chest in the rear side of the victim, and since there are no circumstances to reject the credibility of these statements, the defendant's subsequent statement is the victim.