Text
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.
Reasons
Criminal facts
Around 09:30 on March 8, 2013, the Defendant discovered that the Victim D (Woo, 25 years old) was different from the victim D (Woo) with intellectual disability 1, and the victim was able to dance, and the victim was quih with the body of the victim by putting the shoulder of the victim, and the victim refused to “Adoer, I must do so,” and the victim was 2 to 3 times with the Defendant’s hand, and only a part of the victim was 1.
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
Summary of Evidence
Defendant’s legal statement
Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same) proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same) on which an order to attend a lecture is not issued under the suspension of execution of sentence under Article 62(1)3 of the Criminal Act ( comprehensively considering favorable circumstances described in the reasons for sentencing), the disclosure and notification of the facts constituting an offense of the victim’s statement, the pertinent Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereinafter the same), and Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes committed by the Victim, there is no particular criminal history or degree of indecent conduct.