A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant, who is the head of a church, was a mentally disabled person (intelligent index 41 and social age 5) with the second grade intellectual disability (intelligent index 41 and social age 5) by the victim D (the above church members, 32 years of age), who is the members of the above church, was willing to commit an indecent act against the victim by using the defendant's awareness that he does not properly follow and resist the defendant's instructions.

On January 3, 2016, 13:00, the Defendant: (a) in a restaurant for the distribution of the first floor of the church as well as a restaurant for the distribution of the first floor of the church, the Defendant: (b) stated the damaged person as the Defendant’s part; (c) added the damaged person to the restaurant for the distribution of the first floor of the church; and (d) entered the boom with the Defendant’s part; and (d) entered the victim’s chest with the left hand.

As a result, the defendant committed an indecent act against the victim by using that person's mental disability was unable to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A video CD or stenographic record made by the victim;

1. Investigation report (recording images of victim D);

1. Application of Acts and subordinate statutes, such as expert opinion, psychological evaluation opinion, and certificate of disabled persons on sexual assault against disabled women;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the motive and background of the instant crime).