A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On August 12, 2013, the Defendant, who had been receiving treatment due to intellectual disabilities at D hospitals, etc. located in the Hanam-gun of the Haak-gun of the Republic of Korea from around August 12, 2013, had a serious disability with 44 people with lack of ability or decision-making ability to discern things due to mental disorder, and was in the relationship between the victim E (10 years of age) and the victim, and the Defendant and the victim reside in the upper floor and the lower floor of the dwelling area in Jinju-si.

On August 15, 2017, at around 11:00, the Defendant: (a) discovered the victim’s grandparents’ house in the victim E’s residence; (b) kiddd the victim’s crepits; (c) kidd the victim’s sexual organ with his/her son’s son; (d) brought the victim’s son’s son to his/her son’s sexual organ; and (e) forced him/her to take the head of the victim’s son and bring him/ her to his/her sexual organ.

In addition, the Defendant’s written indictment from June 2016 to August 15, 2017 is written as of August 15, 2016, but it appears to be a clerical error in August 15, 2017.

Until then, the victim was forced to commit an indecent act 25 times in total, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant committed an indecent act by force against the victim who is a minor under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Reports on internal investigation (Attachment to a victim's family relation certificate, etc.) and application of Acts and subordinate statutes of a disability diagnosis certificate;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crime (the point of compulsory indecent act by blood) and Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 (the point of compulsory indecent act by a minor under the age of 13) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by Each Date (indecent act by blood) and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation by blood relative) are more severe, and each punishment is more severe.