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

Punishment of the crime

On July 8, 2016, at around 01:00, the Defendant committed indecent acts, such as buckbucks, by approaching the victim E, who is a disabled person of Grade II with intellectual disability who was married with short sprinkes in Jongno-gu Seoul Metropolitan Government, with a view to the victim E, who is a disabled person of Grade II with a intellectual disability who was married with the lower sprinkes.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Stenographic records;

1. Welfare cards;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of photographs, such as the camping site searched with victim mobile phones);

1. 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 crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Children and Juveniles against Sexual Abuse; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, and social relationship; (c) Defendant’s age, occupation, family environment, and social relationship; (d) details, circumstance, and result of the instant crime; (d) the prevention of sexual crimes subject to registration that may be achieved by an order of disclosure and notification; and (e) the protection effect of victims of sexual crimes subject to registration; and (e) anticipated side effects and anticipated side effects of the Defendant’