2. The defendant shall complete a sexual assault treatment program for 80 hours.

Defendant

겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2013. 9. 7. 15:00경 자신이 운영하는 안산시 단원구 E 소재 ‘F’에서, 같은 동네에 사는 지적장애 1급의 피해자 G(여, 39세)이 열쇠고리를 수리하기 위해 찾아오자, 위 철물점의 출입문을 닫고, 피해자를 강제로 끌어안아 윗옷을 걷어 올려 손으로 피해자의 가슴을 만지고, 입으로 피해자의 가슴을 빤 다음, 자신의 성기를 바지에서 꺼내어 피해자에게 ”빨아 먹어.”라고 말하였다.

Therefore, even though the victim did not want to do so, the victim "(or do not know)", the defendant was forced the victim to talk with his sexual organ as soon as possible.

Accordingly, the defendant committed similar acts by assault or intimidation against the victim with mental disability.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

2. Recording records of G's statements;

3. Application of statutes on copies of certificates of persons with disabilities;

1. Article 6 (2) 1 of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. The main sentence of Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed.

4. Family and social relationship is evident, such as: (a) and Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes Exempted from Disclosure Orders; (b) the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the Defendant appears to have committed the instant crime in a dynamic and friendly manner; (d) the victim’s side and the victim have already agreed with it; (e) there is no history of criminal punishment; (e) family and relatives and neighbors’ appeal against the Defendant; and (e) the Defendant’s age, occupation, family relationship; and (e) other benefits and benefits expected from disclosure or notification orders to the Defendant.