A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The Defendant was living in the same village as the victim C (math, 36 years of age) and was able to commit an indecent act against the victim with knowledge that the victim’s father was living together with his mother on June 28, 2013 as a person with intellectual disability 1st degree of disability, and that the victim was unable to report or speak the fact that he was unable to harm others.

1. On July 2013, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Housing Rape, Rape, etc.) committed an indecent act by force against the victim by intrusion on the inside of the victim's house located in Gyeongbuk-gun, who was divingd by the victim.

2. On August 4, 2013, the Defendant: (a) committed an indecent act by force against a victim with mental disability by drinking coffee to the victim; (b) inserting his/her fingers into the victim’s inner part; and (c) putting his/her fingers out of his/her mouths; and (d) cutting off his/her mouths.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements;

1. Investigation report;

1. Application of Acts and subordinate statutes to an investigation report (a report accompanied by a victim's C disability diagnosis report and a certificate of disabled person);

1. Relevant legal provisions on criminal facts and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (hereinafter referred to as the “Sexual Exposure Act”), Articles 319(1) and 298 of the Criminal Act, Article 6(3) of the Sexual Exposure Act, Article 298 of the Criminal Act

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Exposure and Rape)

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 of the Criminal Act: