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

On June 4, 2013, at around 16:05, the Defendant committed an indecent act against the victim D (here, 38 years of age) who had a mental disorder of 3rd degree of the mental disorder that he diced together at the front of the Sinsi City, with the victim’s rear humbbbbbs, with the victim’s chest and humbs, and with his hand, committed an indecent act against the victim who has a mental disorder by force.

Summary of Evidence

1. Each statement of D contained in police recording CDs;

1. Each police investigation report (the statement of reference witnesses and confirmation of criminal scene, the personal details of the reporter's counter-report, the counter-party to the E Institute Hospital, files of victim's certificate, etc., the counter-investigation of police officers in the field, telephone conversations of the former and US members);

1. Application of Acts and subordinate statutes to report internal investigation by police (to file written opinions by experts in sexual assault cases against children or persons with disabilities);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012)

1. The main sentence of Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) subject to the disclosure order

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. The Defendant alleged that the Defendant was under the influence of alcohol to report the victim’s attempt to go beyond the roadway to the roadway, and did not commit an indecent act against the victim by using her clothes in order to prevent the victim from getting out of the roadway. The Defendant’s care act was merely an indecent act committed by the victim.

2. The following circumstances revealed by the evidence duly examined and adopted by this Court, i.e., the Defendant, not between the victim and the victim, but on the day of the instant case.