A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person with intellectual disability 2nd and was a person with intellectual disability 2nd and who was admitted to the attached E, an incorporated association in the Seoul Special Self-Governing Province C, and was living together with the victim F of intellectual disability 2nd and the above E.

On 2011, the Defendant issued pande and panty typty to the victim's bucks located in the wucks of Jeju Special Self-Governing Province at a time and time, based on walscruscruscruscruscruscruscrus and walscruscruscruscruscrus in the Jeju Special Self-Governing Province, and did not properly express his intention due to intellectual disorder and refuse other people's unfair behavior.

Accordingly, the defendant committed an indecent act against the victim by using the mental disorder of the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to F, H, and I;

1. Expert opinion on sexual assault against persons with disabilities (Evidence Nos. 2);

1. Application of Acts and subordinate statutes to report internal investigation (a certificate and medical certificate for persons with disabilities admitted to a facility) and report internal investigation (the date, time and place of damage, internal investigation, etc. in relation thereto);

1. Relevant legal provisions concerning facts constituting an offense, and Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 298 of the Criminal Act

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10567, Apr. 7, 201) (the defendant is deemed unable to achieve the effectiveness of taking a sexual assault treatment program due to intellectual disabilities, and an order to attend a lecture is not issued to the defendant).

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( April 15, 2010), Article 2 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.