The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

및 부착명령 원인사실 [범죄사실] 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2014. 8. 11. 06:00경 전주시 완산구 C에 있는 ‘D 찜질방’에 있는 정자에서, 자고 있는 피해자 E(여, 24세)의 옆에 누워 손으로 피해자의 배를 피해자의 옷 위로 만지고, 피해자가 반응이 없자 다시 손을 피해자의 옷 안으로 집어넣어 피해자의 배를 만지고, 계속하여 손을 피해자의 바지허리 속으로 넣어 피해자의 음부를 만지고, 피해자가 깰 것 같아 손을 뺐다가 다시 손을 피해자의 바지허리 속으로 넣어 피해자의 음부를 만졌다.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the defective condition of the victim.

[Judgment of the court below] The defendant is guilty of having committed a sexual crime on two or more occasions, and there is a risk of recommitting a sexual crime.

Summary of Evidence

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

1. Statement to E by the police;

1. Inquiry reports, such as criminal records, and investigation reports (a copy, etc. of a summary order);

1. The risk of recidivism in the judgment: (a) the following circumstances recognized by this court, including the evidence adopted and examined prior to the request, namely, ① the risk of recidivism in Korea against the Defendant at the 11th point as a result of the risk assessment tool of sex offenders in Korea (K-SCRAS), and the overall possibility of recidivism is judged to be a high level; and (b) the Defendant had the record of being punished as a fact of indecent act by force by force on women under the same method as the instant criminal facts, but the awareness and attitude of the so-called sex offense in the instant crime seems to be very insufficient; and (c) other factors are considered in light of the Defendant’s age, character and behavior, the motive and method of the instant crime, the circumstances before and after the instant crime, and the perception and attitude of the Defendant’s sex.