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

Punishment of the crime

1. On August 21, 2013, at around 09:55, the Defendant and the respondent for an attachment order, and the respondent for a probation order (hereinafter “Defendant”) had the intent to attract the victim to commit an indecent act by discovering C (17 years of age) of the intellectual disability class 3, which was married, and by using the fact that the victim was somewhat divided, while getting on and getting a dynamic vehicle in the Seoul Southern-gu Drawing and Police Station.

When the above electric car was committed in the vicinity of the Dongam Station located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the defendant left the victim's words "Aer to Dongam Station," followed the victim by getting off from Dongam Station and getting off from Dongam Station, and then went back the victim to the neighboring Ericker located in Dongam-gu, Incheon, Namdong-gu.

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

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) on the date and time set forth in paragraph (1) above, placed the victim on the fat, which was left in the vicinity E, and fat, rhyd the victim’s chest by hand, and rhyd the victim’s chest by inserting the victim’s clothes into the victim’s clothes.

As a result, the Defendant committed an indecent act against the victim by taking advantage of the victim's state of difficulty in resisting due to intellectual disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of welfare cards (Grade III), CCTV data and opening space data, photographs near the scene of the incident (E neighboring), CCTV data for crime prevention (E neighboring) and the details of card use (defence) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 288 (1) of the Criminal Act concerning the selection of punishment, and Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of quasi-indecent acts by the disabled and the selection of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to the punishment, etc. of sexual crimes with heavier punishment;