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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant was aware of the victim E (at 30 years of age) who became aware of in the course of attending the D church in Ansan-si C, with the awareness that there is an intellectual disability, and that there is no resistance to other people's words, and even if he does not refuse to do so, he tried to commit an indecent act against the victim.
1. On October 9, 2016, the Defendant: (a) extracted coffee from the victim before the coffee set up in the said D church at around October 9, 2016; (b) laid down the coffee to the victim before the said D church; and (c) laid down the coffee in front of the said D church; (d) laid down the above clothes of the victim’s own victim on his/her hand; and (e) laid down his/her clothes on the victim’s clothes with the victim’s clothes, and committed an indecent act.
Accordingly, the defendant committed an indecent act against the victim with mental disability by force.
2. On October 16, 2016, the Defendant committed an indecent act against the victim with mental disability by force at the places indicated in the above paragraph (1) at around October 16, 2016 in the same manner as the above paragraph (1) at the time of around October 16, 2016.
3. On October 23, 2016, the Defendant committed an indecent act on the victim’s chest while talking with the victim at the places listed in the above paragraph (1) at around October 23, 2016 at around October 23, 2016, and committed an indecent act against the victim with mental disability by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Stenographic records;
1. Application of Acts and subordinate statutes to written opinions on sexual assault against disabled persons;
1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof (Selection of Imprisonment with prison labor);
1. Aggravation of concurrent crimes provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [aggravated Punishment for Concurrent Crimes committed on October 16, 2016 with the largest penalty];
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school
1. Imprisonment with prison labor for not less than one year but not more than 45 years;