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

At around 21:00 on October 2013, the Defendant committed an indecent act by force against a victim of mental disability by taking care of the victim’s shoulder, making a talk about the victim’s shoulder, and making a talk about the victim’s c (the victim’s 25 years old, intellectual disability 2 level) that was known in the new park located in the Jung-gu Seoul Metropolitan City, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A statement recorded in police recording CDs with C;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attachment following a hearing and inspection conducted by the victim C);

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. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommended sentences according to the sentencing guidelines [decision of types of punishment] the general standards for sex offenses against disabled persons (not less than 13 years of age) and the mitigated elements of punishment (specially sponsive persons): Where the degree of indecent acts is weak (1 and 2 types of punishment): the mitigated areas of punishment [the range of recommending areas] mitigated areas of punishment [the range of recommending areas] mitigated areas of punishment; one year and six months or three years; and

3. Determination of sentence: The defendant, for two years of suspended sentence, committed the crime of this case by using the victim's mental retardation who has intellectual ability at the level of seven years of age, including this case.