The punishment of the accused shall be determined by one year and six months.

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

Punishment of the crime

1. 성폭력범죄의 처벌 등에 관한 특례법위반( 장애 인준 강제 추행) 피고인은 농아 자로서 평소 피해자 C( 여, 51세) 가 지적 장애 2 급으로 사리 분별이 떨어지는 것을 알고 추행하기로 마음먹고 틈틈이 기회를 엿보다 2014. 9. 중순 09:00 경 고창군 D에 있는 피해자의 집 부엌방에 들어가 혼자 있는 피해자에게 다가가 피해자의 손을 잡고, 피해자의 상의 속으로 손을 넣어 가슴을 만지고, 피해자의 바지 속에 손을 넣어 음부를 만지려고 하였다.

As a result, the Defendant committed an indecent act by using the state of difficulty in resisting the victim due to mental disability.

2. On May 21, 2015, the injured Defendant committed an indecent act on the part of the Defendant’s office located in Go Chang-gun E, for the reason that the Victim F (F) committed an indecent act on the victim’s wife’s father’s father’s father’s father’s 76 years old age). On the part of the Defendant, the Defendant was at the time when the Victim’s body was the victim’s body by putting the her father’s son’

As a result, the Defendant inflicted an injury on the victim, such as climatic salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the Prosecutor's Office with respect to F (excluding the G statement section);

1. Stenographic records (three times);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing respective certificates of disabled persons;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 6 (4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the point of forced indecent conduct by disability, the choice of imprisonment with prison labor), and Article 257 (1) of the Criminal Act (the point of injury, and the choice of imprisonment with prison labor);

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (limited to the extent that the maximum term punishment for two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;