To order the defendant to complete a sexual assault treatment program for 40 hours.

The defendant had a mind to commit an indecent act against the victim C (the age of 51) who lives in the adjoining house of his father's house by using the fact that the victim C (the age of 51) has a flat intellectual disorder (class 3) with insufficient judgment and decision-making ability.

피고인은 2013. 12. 25. 21:00경 충주시 D에 있는 피해자의 집으로 찾아가 현관문을 두드리면서 피해자에게 “당장 문을 열어라. 씨팔, 문을 열지 않으면 창문을 부숴버린다.”라고 소리치며 협박하고, 이에 겁에 질린 피해자가 문을 열어주자 집 안으로 들어가 피해자를 끌어안으며 방바닥에 강제로 눕혀 반항을 억압한 다음, 피해자의 바지와 팬티를 벗긴 뒤 손가락을 피해자의 음부에 집어넣고, 피해자의 상의를 걷어 올리고 피해자의 가슴을 입으로 빨았다.

Accordingly, the defendant committed a similar sexual act against the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. A CD;

1. Application of Acts and subordinate statutes on comprehensive evaluation;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In full view of the Defendant’s age, occupation, benefits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages or side effects, etc., the mere fact that the Defendant committed the crime of this case alone does not have the same criminal record, the Defendant appears to have caused the crime of this case by contingency under drinking, and all other circumstances such as the Defendant’s age, occupation, benefits and preventive effects expected by the disclosure order or notification order of this case, there is a risk of sexual assaulting by the Defendant.

It is called a disclosure notification order that may significantly affect the rehabilitation of the accused.