A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person with intellectual disability (class III), and the victim B (age 21, intellectual disability 2, hereinafter referred to as "victim") is a company's husband and wife's husband and wife.

On July 14, 2019, the Defendant, at around 12:00, c, Namdong-gu, Incheon Metropolitan City, and 1 line of the subway line, boarded the Defendant’s his/her his/her daughter, along with the victim, and unloaded from the E Station, and thereafter, the Defendant met with his/her clothes, knick, knick, and shouldered with his/her fingers while going to go to the E Station.

Accordingly, the defendant committed an indecent act by force against a victim who is a intellectually disabled person.

Summary of Evidence

1. The defendant's partial statement in court room F and G's each legal statement;

1. Partial statement of the witness H in the court;

1. Report on the occurrence of statements, video recording CD and stenographic records with respect to B (sexual assault), each internal investigation report (the analysis, etc. of CCTV data, the analysis of CCTV data, the purpose of victim's statement), each investigation report [the confirmation of the degree of disability against the victim and the suspected victim, confirmation of the intent of the victim's statement, confirmation of the intent of the witness H (the dependent of the suspect), confirmation of the intent of the suspect's statement, reasons for securing the date I counseling, reasons for not conducting the witness's G investigation, details of the crime place, expert opinion on the sexual assault case against the disabled, securing of expert opinion on the victim of the sexual assault case], each initial interview (excluding the record of the case takeover, the reported person's interview, the victim interview, the victim's family interview, etc.), copy of the victim transportation card, H transportation card copy, transportation card, CCTV data, each of the field of the case, each disabled certificate, each disability diagnosis report, intermediary's report, and expert opinion

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act concerning criminal facts;

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. An order to attend a course;