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

Punishment of the crime

1. From around 18:00 to around 17:30 on December 18, 2015, the Defendant: (a) discovered the victim D (Woo, 16 years old, intellectual disability 3 level) who returned to the school near the Busan B apartment; (b) took personal information as a dial book; (c) took the victim into mind that he would commit an indecent act; (d) made the victim accessible to the victim; and (e) led the victim to the victim’s awareness of his identity by saying, “I are bad, son,” and “I are able to commit an indecent act; and (e) induced the victim to take the victim’s personal information into an adjacent mountain book near the C apartment.

Accordingly, the defendant enticed the victim for the purpose of indecent act.

2. 성폭력범죄의 처벌 등에 관한 특례법위반( 장애인 강제 추행) 피고 인은 위 제 1 항 기재 일 시경 부산 연제구 C 아파트 부근 인적이 드믄 산책로에서 강제로 위 피해자의 입술에 뽀뽀하고, 두 팔로 피해자의 몸을 안으면서 더듬고, 손으로 피해자의 음부를 만졌다.

As a result, the defendant forced the victim with mental disability to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to stenographic records, a statement of fact-finding, each photograph, each internal investigation report, and each investigation report (No. 1,20 No. 1,20 of the evidence list);

1. Relevant legal provisions concerning facts constituting an offense and inducing a person with disabilities to commit an indecent act on the choice of punishment: Article 288 (1) of the Criminal Act: Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders, and Act on the Protection of Children and Juveniles against Sexual Abuse.